King's Commissions of the Peace, Oyer and Terminer, and Goal Delivery held for the City of London, &c.

BEFORE the Right Honourable Sir ROBERT LADBROKE , Knt. Lord Mayor of the City of London, the Honourable Mr. Justice WRIGHT, the Honourable Mr. Justice BIRCH, the Honourable Mr. Baron LEGGE , JOHN STRACEY , Esq; Recorder, and others of His Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Goal-Delivery of Newgate, holden for the said City, and County of Middlesex.

William Cox . I took a coach on the eighteenth of January to go to Dulwich ; there were four silver salts, six spoons, a mug, and two castors, tied up in a handkerchief, and I missed them out of the coach ; I advertised them, and on the eighteenth of February one John Douglas brought me information, that the Prisoner, Langley, had the plate; I went to her lodging, and found two of the spoons and the handkerchief which contained the plate; I got a search-warrant, and went to one Johnson's in Russel-Court, Bridges-Street, and found two spoons, two salts, a pint mug, and one castor; at first he denied having the castor, but before the Justice he produced the castor; the rest of the plate I found at one Stringer's.

Mrs. Cox (wife of William Cox ) When we went to Dulwich I took the plate out with us, and coming back (hearing a report of several robberies) I put the plate behind me under the seat , to prevent our being robbed of it, and when we came out of the coach, I looked for the plate and it was gone; it was duskish; we enquired after it and advertised it, but never heard of it till the eighteenth of this month, and then a man came and informed us, that one Mary Langley had it, and had pawned it at Johnson's and Stringer's. I know nothing more of my own Knowledge.

[Mr. Cox and Mrs. Cox swore to the plate.]

N. B. Those Trials with this mark + shew that the Prisoners were indicted for Capital Offences, and must have received Sentence of Death if the Jury had found them guilty of the whole Indictment.

John Douglas . I was told by one Catharine Keys , that the Prisoner had found some plate in the borough, and that some of it was in the custody of the Prisoner.

Q. Was you present when any of the plate was found?

Douglas. Yes; there were two spoons and a handkerchief found at Langley's .

Q. Was you at Johnson's?

Douglas. No.

Q. Was you at Stringer's?

Douglas. No.

Thomas West . I served a warrant upon the Prisoner, and went up stairs with Mr. Cox into her room; we did not presently find any thing, and Mr. Cox said there was a trunk behind the Prisoner's bed, and in that trunk there were two silver spoons and a handkerchief.

Q. What did the Prisoner say then?

West. She said she found them in the coach.

Q. Was you at any other place where any of the goods were found?

West. No.

Herbert Frost (servant to Mr. Cox.) I was present at the time the two spoons were taken out of the Prisoner's trunk.

Q. What did the Prisoner say?

Frost. She said she found the spoons and the handkerchief in the coach.

Q. Did she say any thing with respect to the rest of the plate?

Frost. She said another woman had pawned the plate for her.

Thomas Brown . I am servant to Mr. Johnson; a woman that one Gordon keeps, who goes for his wife, came with this plate, and said she brought them from Mary Langley .

Q. What is that woman's name?

Brown. She goes by three names, Douglas, Hughes, and Keys: I have taken things in several times which she brought that were honestly come by.

Cath. Keys . I pawned part of the plate to Mr. Johnson.

Q. Where had it you?

Keys. I had it from Mrs. Langley the Prisoner.

Prisoner. I had been at the Marshalsea Court upon a trial, and had a Subpoena, and there were four women of us came home in a coach, and as I came out of the coach I took the handkerchief off the ground; when we came out the plate dropped out of the coach, and the woman that pawned it said, as it was lost I might very well take it up, and I could not come to any Damage: this is my declaration .

Q. Have you any witnesses to your character?

Prisoner. I have twenty as substantial people as any in the city of London, I do not know whether they are here or not.

The Jury desired the Prisoner might be asked why she did not bring some of those people.

Thomas Ryner . On the 26th of January I lost a scarlet cloth cloak, and charged the Prisoner with it, but he denied it, and I could not find it upon him, but I found some of the goods that I lost at several pawnbrokers that were pledged by the Prisoner.

Q. How do you know that?

Rymer. By the information of the pawnbrokers these are my goods, there is my mark upon them.

James Jacobs , I am a pawnbroker. In December last the Prisoner had been at my shop several times, and my servant told me he did not like him, and believed he was not honest: he brought first one pair of leather breeches, one pair of plush breeches , and a short cloak; about a fortnight afterwards he came to my shop with another pair of leather breeches.

Q. Did you take them in?

Jacobs. My man did, and after the Prisoner was gone he suspected him, and did not like him; the next time Peter Moss came with goods, I asked him whether they were his own, and he said they were another person's. My man advised me to go into Rosemary-Lane, which I did, and saw the Prisoner in a shop: I asked an acquaintance of mine whose shop that was; he said Mr. Rymer's; I asked Mr. Rymer if he had a journeyman ; he said yes; I asked him his name, and he said his name was Moss.

Jacobs. My Lord, a few words will do it; I did ask my acquaintance to tell Mr. Rymer I had a few words to speak to him, and I discovered to Mr. Rymer the transactions Mr. Moss had with us, and went to Mr. Rymer's house to apprehend the Prisoner, which we did; and after the Prisoner was convinced we had opened the affair to Mr. Rymer, he fell down on his knees, and with tears in his eyes said he had wronged the best of masters.

Richard Foot . I live in the same street with Mr. Jacobs; he came to me, and asked me what goods I had of Mr. Moss; I said I had a waistcoat of him about twelvemonths before, and two pair of breeches, which Mr. Rymer said were his; and the Prisoner owned the whole affair before the Justice.

Anthony Malpas . The Prisoner at the bar mentioned in the indictment, did on the 22d of January pledge a duffle coat with me, which was Mr. Rymer's; the Prisoner said it was his own property, and that he gave 32 s. for it; he wanted 16 s. upon it, and I would not lend him above 8 s.

120. John Lathey , of St. Margaret Lothbury , was indicted for stealing ten perriwigs, value 13 l. the property of Stephen St. Andre , January 23 .

Stephen St . Andre . On the 23d of last month I lost ten perriwigs.

Q. What are you?

St. Andre. I am a barber and perriwig maker .

Q. Whose were these perriwigs ?

St. Andre. They belonged to several customers.

Q. Are you answerable for them?

St. Andre. Yes, I have made two or three already for my customers in the room of them.

Q. What reason have you to think the Prisoner was concerned in taking them ?

St. Andre. I had this boy upon trial, and I suspected my Journeymen and apprentices, but I did not suspect this boy , just coming out of the country. I advertised the perriwigs in the Advertiser, and found the boy out by this means. I charged Mr. Winter, a constable, with the boy, and he told me he had sold seven of my wigs to an old clothes man, and three to another: I have a paper of the boy's writing, where he wrote it down.

Q. When did he tell you so?

St. Andre. He told me so several times, and before my Lord Mayor.

Q. What did he say he sold them for?

St. Andre. He said he sold some for a shilling, some for 9 d. and some for 6 d. they were all sold for seven shillings.

Q. What were they worth?

St. Andre. At least twenty-five pounds; there were three of them worth four pounds a piece.

Benj Piddington . The Prisoner confessed to me, on the twenty seventh of last month, that he had robbed his master of ten wigs, and had sold them to old clothes folks; first he said he sold them for two shillings, and then he said for seven shillings, and he took a pen and ink and wrote it down.

James Gordon . I have seen the Prisoner frequently coming in and out of Mr. St. Andre's shop; and on the twenty-third of January, in the morning, I saw him in Austin-friars, under a gateway, with an old clothes man; I asked him what he had been doing with the man; he said he had been selling a wig to him for sixpence that he had bought of another boy for three pence, and I saw the old clothes man give him six pence. I asked him whether he had shewed that wig to any of his own people at home; he said no, what signified shewing such an old wig to any body.

The Prisoner did not deny the fact, but said the old clothes man told him he might as well bring two or three as one.

121. + 122. + William Stevens , and Francis Hill , of St. Giles's in the Fields , were indicted for breaking and entering the dwelling-house of John Burnell in the night time, and stealing six gallons of brandy, value 3 l. one gallon of usquebaugh , value 4 s. and half a pound of tobacco, value 16 d. the property of the said John Burnell , Dec. 27 .

John Burnell sworn .

Q. Do you know the Prisoners?

Burnell. Very well, Sir.

Q. What have you to say against them?

Burnell. I know no more than of the losing between five and six gallons of brandy, one gallon of usquebaugh, and half a pound of tobacco . They broke open my cellar on the twenty-seventh of December, the Sunday morning after Christmas day .

Q. Did they confess the breaking open the cellar?

Burnell. The accomplice, Robert Wilson , did.

Q. Did the Prisoners confess this?

Burnell. William Stevens did, at Covent-Garden Round-house, and that he assisted the others in doing it.

Burnell. Yes. There are two doors; one comes into the street and the other into the shop.

Q. What door was broke open?

Burnell. That which comes into the street. The cellar door is made of inch and half deal?

Q. In what condition did you find your cellar door?

Burnell. One of the boards was broke off it on top, and the top staple drawn.

Q. Do you know that it was fastened?

Burnell. I know very well that it was fastened, because I fastened it myself.

Q. When did you first observe that it was broke open?

Burnell. On Sunday morning when I first got up.

Q. How long was it before you suspected the Prisoners to be concerned in it?

Burnell. I could not suspect any body; but one of them being taken, he impeached the Prisoners.

Robert Wilson, the accomplice, sworn.

Q. Do you know the Prisoner at the bar?

Wilson. Yes; and I have this to say, Stevens got a knife from his father's. in order to break open the shop, and he attempted to break open the groove, and broke the knife in three pieces; when he found he could not do that, he took a board off the cellar door, went down into the cellar, and brought up two gallons of brandy, a gallon of usquebaugh, and sixteen papers of tobacco.

Q. Who broke open the cellar door?

Wilson. Stevens did.

Q. Where was you?

Wilson. I was at the corner of the street.

Q. What did you do there?

Wilson. Hill and Stevens bid me stand there.

Q. Did you know what they were going to do?

Wilson. Not till I saw what they were doing of.

Q. What time of the night was this done?

Wilson. We began to endeavour to get into the shop about two o'clock, and we got into the cellar about four o'clock.

Q. When did you discover this?

Wilson. Last Saturday was sevennight; I was taken up, and then I discovered it.

Q. When were the Prisoners taken up?

Wilson. Last Saturday night was fortnight.

Q. When was you taken up?

Wilson. Last Saturday morning was fortnight.

Pris. Stevens. I know nothing of the robbery no more than the child unborn.

Hill. I was hired to carry it, and I carried it, not knowing that it was stolen. It is as false as God is true.

Thomas Ind. I am a chairman. When the witness was taken, he told me where to go to the gentleman who bought the brandy.

Paul Gossett. The Prisoner, Hill, came to my house one night when I was very busy, and desired me to take a little brandy of him; I told him I would not take any, and turned him out of doors; (I have known Hill a great while, for he was a customer to me, and paid me very well) he came within doors again, and importuned me to take it: I asked him the price, he said he would have 6s. 6d. a gallon; there was a gallon and half a pint, and I gave him 6s. 9d. for it: He drank a pint or two of beer and went out of my house, and I never saw him since that I know of. I always found Hill to be a very civil fellow, and always thought that he worked hard for his bread.

Pris. Hill. My Lord. I always worked hard for my bread, and never did any such thing in my life.

Richard Mascall. I am the constable who took the Prisoners. I took all three, two on the Saturday and one on the Sunday morning, and both Stevens and Wilson confessed the breaking open of Mr. Burnell's cellar, and taking out the brandy and usquebaugh.

William Smith. This Robert Wilson confessed, that he in conjunction with Stevens and Hill broke open a cellar of Burnell's and company, the corner of Newtoner's-Street , and took out about five gallons of brandy; that they drew it out with a pipe, and put it into two little casks, and took sixteen papers of tobacco.

Q. Did Stevens confess any thing of that to you?

Smith. He did not confess any thing of this; the Prisoners have confessed other robberies to me.

Pris. Hill. Wilson brought the brandy to me; there was one gallon and a half pint, and he promised me two shillings for selling it. Both Guilty

Death .

There were three more indictments against Stevens, which he was not tried upon.

Partridge. I was told by a friend, that he believed I had a thief in the house, and that it was my porter , and I laid a trap for him.

Q. Where is this Money?

Partridge. It is in my pocket.

Q. How do you know it to be your money?

Partridge. Because I put a particular mark upon it.

Q. Can you swear them to be your money?

Partridge. Yes, I can swear to them, that these are my money.

Q. How are they marked?

Partridge. They are marked on the back part of the head.

Q. Where did you find them?

Partridge. They were taken out of the Prisoner's pocket immediately, and he confessed it, and said it was the second time he ever was guilty of robbing us.

Prisoner. I believe my master knows that I was a very honest servant to him before this.

Q. How long had he been your servant?

Partridge. Near three years.

Q. Was he an honest servant?

Partridge. Yes, as far as I know.

George Turvill . Mr. Partridge (partner with Mr. Barnston) came to me, and said he thought he had a thief in the house, and wanted to consult with me about it. He said their journeyman had told them, he had missed money out of the drawer, and they pressed him to tell who he imagined to be the thief, and he said he believed it was their porter: They contrived to mark some money, and I marked four shillings and two sixpences, and gave them to their journeyman to put into the till.

Q. How were they marked?

Turvill. They were marked on the back of the head with a stroke, and a little one under that, with a mark under the chin; these three pieces I marked; the next morning I called, and the man was gone to the Compter.

Richard Neave (journeyman to Mess. Partridge and Barnston .) I had missed money out of the till, and I was particularly sure that I had lost some. And in order to find the person out, I saw two shillings and four sixpences marked, and I put them into the drawer: When I first came down in the morning there was only one shilling missing, and I said to him tha t I would go and get a pennyworth of purl. I did this to try him, for my master desired I would give all the liberty I could, and then I missed two sixpences. When the Prisoner was taken he pulled the money out of his pocket; he said he had never wronged his master but once before, and that was of eighteen pence, and had never robbed him of five shillings in his life.

124, 125. Charles Watts , and Robert Leadley , otherwise Randall , of St. James's, Westminster , were indicted (after June 24, 1731, to wit, on the 20th of January ) for stealing eighty-one pounds weight of lead, value 6 s. the property of Bingham Davis , being fixed to a shop belonging to his dwelling-house .

Bingham Davis. There were some persons came and informed me, that they believed my house was beset with thieves; I desired them to stay in the shop till I went to the watch-house. When I came to the watch-house the watch was not there; then I heard a noise, and found that the lead was taken off the premises. John Budge seized Watts upon the shop door, took him by the leg, and pulled him down; the lead was thrown down into an area.

Q. Was you there before the lead was thrown down?

Davis. No; but I was there before the lead was taken up.

Pris. Watts. Did you see me take any lead off the house?

Davis. No.

John Budge (servant to Mr. Davis .) On the twentieth of last month I was going home about ten o'clock at night, I saw the Prisoner, and another man not yet taken, hovering about the house; about half an hour afterwards some of them came and knocked at the door, and asked if there were any pork stakes, I said no.

Q. How many did you see?

Budge. Two. Leadley was taken behind a door belonging to Mr. Chisholm. I saw Watts on the top of the door, and pulled him down; I asked him what he did there, he said he did no harm there, and so I took him to the round-house .

Q. Did you see any lead come down with him?

Budge. No.

Watts. Ask him whether he was not concerned with us or not.

Leadley. Did you see me meddle with any thing or do any thing in the world?

John Ball . I was in company with the Prisoners that night, Watts and Leadley, otherwise Randall; they asked me to go with them a little farther, and I went to the corner of Little St. Martin's Lane, (I think it is a chandler's shop ) and Leadley helped Watts up upon the place on the top of the shop.

Q. What did Watts do?

Ball. He cut the lead from off the shop.

Q. Where was you all the time?

Ball. At the end of the street.

Q. Was you so near as to see what they were doing?

Ball. Yes, I saw Watts cut the lead off, and hand it down to Leadley.

Q. Did Leadley lay hold of the lead?

Ball. He took some part of it from him: There was one Thomas Sheers , who is not yet taken, was on the other side of the way; and Leadley came out from behind the passage door, and made his escape then.

Leadley. Did you see me help Watts up?

Ball. Yes, I did.

James Henderson . I was constable for the night, and Watts was brought a Prisoner to me. I know nothing more of the matter.

Ball. Watts came to my house to desire me to go to the club; it is a fudling sort of a club, and I did not care to go, but he persuaded me; and when we came from the club, we all agreed to go together to do this.

Leadley. Watts put his foot upon my shoulder, and so he got up.

Q. You knew what he was going about I suppose?

Leadley. I did not till he threw the lead down, and I said I would not have any thing to do with it.

Robert Bagley . I have known Robert Leadley for seven years, and he always behaved himself in a very honest manner for what I know; he is a man that works hard for his living. I have had dealings with him, and never knew his character stained, upon any account, in my life.

126. + Ann Thomas *, of St. Martin's in the Fields , was indicted for stealing a silver watch, value 3 l. the property of Daniel Jones , privately from his person , Jan. 26 .

* She was tried in September Sessions, in Heathcote's Mayoralty, for stealing a dressing glass and a pair of silver buckles, and acquitted.

Vide pag. 31. Trial 77.

She was also tried in December Sessions, in Sir Robert Willimott's Mayoralty, for stealing a Moidore, and acquitted .

Vide pag. 24. Trial 38.

Daniel Jones sworn.

Q. Do you know the Prisoner at the bar?

Jones. Yes.

Q. What do you know of her?

Jones. She picked my pocket of a watch.

Q. Did you know her before?

Jones. Yes, I had seen her several times.

Q. Where was this done?

Jones. In Windsor Court, in Drury-Lane , the twenty-sixth of this month.

Q. Have you had your watch again?

Jones. The keeper of the Gatehouse has the watch.

Q. How came you to find out the Prisoner at the bar?

Jones. I took her in a moment's time. I sent down for a quartern of brandy, and she run down stairs with my watch.

Q. What shop is it?

Jones. It is a chandler's shop , and they sell liquors.

Q. How came you into her company?

Jones. I was going by, and she was standing at the door, and asked me to give her a dram; I went up stairs with her, and in five minutes time my watch was gone; she took it out of my Fob. The Prisoner offered the watch to the woman of the house, and the woman told her she had robbed the young man of the watch [meaning the Prosecutor]; the Prisoner came up stairs again, and the watch were sent for, and she was carried to the Gatehouse; and after she was committed, the constable and beadle said they believed it was in her stocking, for they thought they saw something stick out: The constable said to her, be so good as to deliver the watch, and she said she would not; afterwards she told the constable he should have the watch, if he would let her have it again, and the keeper of the Gatehouse was forced to take the watch from her, for she would not give it to him.

The keeper of the Gatehouse's man produced the watch, which was sworn to by the Prosecutor.

Gatehouse, the constable thought she had the watch in her stocking, and in her stocking the watch was, between her stocking and her heel: I took it from her, and gave it to the constable, and the constable gave it to her again. After the constable had given her the watch I asked her for the watch, but she would not give it me; I was forced to thumb screw her before I could get it, and I found it in a leather pocket under her petticoats.

William Bromley . I am a watchman of that beat, and this man Jones charged me with the Prisoner for robbing him of the watch; so I took them both into custody; I said if he charged her they must both go with me to the constable; I surrendered my charge to the constable, and the next morning she went before a Justice.

Q. Did you see the watch ?

Bromley. I did not see it at all .

Jonathan Falkener . I was beadle of the night; between the hours of twelve and one (I think it was) this woman was brought into the watch-house, charged by this chairman Jones, for robbing him of his watch; she pretended she knew nothing of the matter ; the chairman insisted that she had his watch, and the watchmen and I took her into the hold to search her, and we could not find it: the next morning she was carried before a Justice, and committed to the Gatehouse; and it was observed that there was a sort of a bump just by her ankle; and she d - d her eyes, and swore that she had it not, but if she had it, she would not deliver it, and there was a great struggle before we could get the watch, and Tickler the turnkey got it from her, and I thought he was the properest person to keep the watch: she d - d her eyes, and said she would prosecute the person that took it, and the constable being timorous, he gave her the watch again, and she refused to deliver it, but afterwards she was thumb screwed, and it was taken from her where she had put it.

William Perkinson . She refused to deliver up the watch, and they were forced to thumb screw her, then she was searched, and we found the watch where we judged it to be.

Prisoner. The Prosecutor and I went into this house and had a dram; he had no money, so he gave me the watch; I went to my landlady to borrow five or six shillings upon it; she said she was short of money, and could not do it; we were upon the bed together, and he wanted the watch again; I said if he would give me five shillings he should have it again, which was the money I lent him upon the watch.

The Jury found her guilty of Felony, and acquitted her of privately stealing the watch.

Jane Bell . On the twelfth day of the month I was busy in my shop with four customers, the Prisoner Cuthbert came into the shop with a servant maid to buy some cloth, and Mrs. King was in the shop too.

Q. How do you know that?

Bell. Because my girl knew her afterwards; Cuthbert went out and came in again (it put a sort of a damp upon my spirits, for I thought she came to steal something) and after she had been gone about an hour I missed a piece of long lawn of thirty-two yards; the next day the young woman, the maid, who came with Cuthbert, and had bought some cloth, came to change it, and I asked her where the young woman lived who was in the shop with her yesterday (King;) she said she lived in New Hermitage-street with one Mrs. Cuthbert; and my boy said he would go and find her out, and he went to Cuthbert's, and saw something under her clothes, and he took this printed cotton from her, which was tied under her petticoats, after struggling with her for it, which is my cotton.

Q. Did you ever get your long lawn again?

Bell. Yes, I found it at a pawnbroker's, but there were six yards cut off; I did not find it through her; I got a search-warrant and took up Mary King on suspicion, and she confessed where the long lawn was, but she did not confess that she was concerned in the taking it, and she denied before the Justice that she had a farthing of the money the long lawn was pawned for a guinea.

Charles Calmer . Mrs. Bell said to me I have lost a piece of long lawn which cost me 4 l. 16 s. I said , Madam, perhaps you have mislaid it; no, said she, I laid it behind these dowlas: the next day the maid that came along with the Prisoner Cuthbert came to change the goods she had bought the day before; I asked her where the young woman lived who was in the shop yesterday; she said she lived with one Mrs. Cuthbert in New Hermitage-street : I went to Mrs. Cuthbert's and enquired for her; they said she was gone out, and might not be home for a month for what they knew; I said I would have her if she was to be found: the Prisoner King was there, she was drunk, and abused

me very much: I said it did not signify any thing, for I would have Mrs. Cuthbert if she was to be found. After I had been there an hour and an half, Mrs. Cuthbert came down; I told her Mrs. Bell wanted to speak with her; she said Mrs. Bell might come to her and be d - d if she would, for she would not wait upon her: I said if she did not come, I would get somebody else to fetch her; and by seeing a bulk under her petticoats, I said, I fancy you have got Mrs. Bell's goods under your petticoats; so I forced her down upon the ground, and I could not find any thing under her first petticoat: I felt under her second petticoat, and there I found this printed cotton, and she had this in her bosom, which was cut off the other; I heard she had cut this off with a design to give away to make a child's frock; I got four men, which cost three shillings, to bring her up to a Justice, and, with a great deal to do, we got her to Justice Duckenfield's , and he committed her. Mrs. Bell asked her where she had the cotton, she said she bought it for a gown at a shop on Tower-Hill; said Mrs. Bell, how came you to buy nine yards, when six is a good pattern ? said she, I have bought fifteen yards, and what is that to you? I am sure this cotton is Mrs. Bell's, for I had it in my hand that morning , and laid it upon the shelf. Then I took up Mrs. King, and carried her to Justice Manwaring; she said she was a young woman, and was drawn in, and told us, that the long lawn was at Mrs. Green's, a pawnbroker, and was pawned for a guinea. Mary King said, that she stood at the end of the court by the shop , and waited for Cuthbert's coming out, and that Cuthbert put the long lawn into her [King's] apron.

Pris. King. Can you say I stole any thing from Mrs. Bell?

Calmer . I do not say you did.

Robert Wood . Mary King , the Prisoner, was taken up on suspicion, and I helped to carry her before Justice Manwaring, and she owned she pawned the long lawn at one Mr. Christie's, at the White Swan in Ratcliff Highway, and got a guinea upon it: She would not own it for a long time, and denied every thing at first; but when she found the Justice was going to make her Mittimus, she owned it.

William Harford . I am a headborough of St. John, Wapping. I took King into custody, by a warrant, and carried her before Justice Manwaring. King said the long lawn was at Christie's . Green is the same person; she is married now. Here is the twenty-six yards of long lawn.

Q. (to Bell.) Do you know this to be your long lawn?

Bell. I have great reason to believe it is.

Margaret Green called.

Q. Are you the person that is called Christie?

Green. Yes. Cuthbert brought this long lawn to me, and said she had a brother, a headborough of the parish, who was in prison, and I lent her the money to get him out of goal.

[Green asked King whether Cuthbert did not say so, and King said she did.]

George Glass . Both the Prisoners live next door to me. My servant went to see her mother, and she said that Cuthbert and King had got a fine piece of printed cotton, and had cut a yard and an half off to make a present of to my servant maid's mother's child; Cuthbert was taken, and the printed cotton found under her gown: King got off , and the young woman that lodges at my house stopped her, and before the Justice she confessed, that Cuthbert pawned the long lawn to Mrs. Christie.

Pris. King. This good woman, Cuthbert , went to buy some cloth at Mrs. Bell's for a gentleman's maid, and I went with Cuthbert to pawn the long lawn to Christie for a guinea .

Pris. Cuthbert. This same Mary King came to me at seven o'clock at night, and said that one Mr. Johnson gave it her to pawn for a guinea, because he was in trouble; and then King went away, and left me in the lurch. I have no witness, for there is no body knows any thing of it but she and I. The Jury found them guilty of felony only, and acquitted them of stealing the goods privately in the shop .

Mary Evett . I am shop-maid to Mrs. Dennis in Houndsditch . The Prisoner came into our shop one night, towards dusk, about three weeks ago, under pretence of buying a shift; there was another with her, and the other kept us in discourse while the Prisoner, as I believe, took a piece of check off the shelf. As I was going down Rag-Fair I met this woman and another , each with an apron of the same check; I had not missed it above an hour before.

cotton check. I missed it the next morning, about an hour before I went out.

Q. What did you do when you saw them with these aprons on?

Evett. I seized them, got a constable, and took up this woman; she was in many tones; first that she bought it for two shillings and three shillings; and several tales she was in, and at last she owned the taking it, and where it was sold.

Q. Where did she say she sold it?

Evett. Next door to the Crooked Billet, in Rosemary-Lane , to a Gentlewoman who bought it to make shirts of.

Eliz. Linstead. I live next door to the Crooked Billet, in Rosemary-Lane; the Prisoner at the bar came, with a person she called her mistress along with her, to my door; my maid called me, and told me two women wanted me; they asked me if I would buy a remnant of check; I asked them what they would have for it, they said twelve shillings, and that there was better than eight yards: I told them I would give them eight shillings ; they said they had brought it out of pawn for nine shillings ; I told them to pawn it again, for in my way I could not afford any more: They went away once or twice, and came back again, and took eight shillings.

Q. Who took the eight shillings?

Linstead . I laid it on the counter; I do not know which of them took it.

Jonas Rogers . The Prisoner worked for me for a whole twelvemonth , and always behaved well, and was sober and industrious.

Q. Had she any opportunity of wronging you if she would?

Rogers. She had an opportunity of robbing me, for she has been left in my shop by herself .

130. George Brown , was indicted for stealing half a pound weight of tea, value 5 s. the goods of persons unknown .

He was likewise indicted for stealing half a pound weight of tea, value 5 s. the goods of the Hon. the East India Company , Sep. 14 .

Robert Day . I am husband to the East India Company. In August last there was some tea landed from Holland by licences from the Treasury: on the 14th of September one Roberts a carman was taken up by order of the East India Company, and Roberts gave an account of the injuries done to the company. I know nothing of the Prisoner, but before my Lord Mayor he confessed the taking the tea.

Q. What was he charged with?

Day. He was charged with taking the tea out of the cart at Botolph wharf; he said he did take the tea, but that he did not take it out of the chests.

Richard Roberts . I am a carman.

Q. Do you know the Prisoner?

Roberts. Yes.

Q What is he?

Roberts. He drives a cart very often.

Q. Did he drive any cart with tea?

Roberts. Yes; and the chests were generally pretty much broke, and the tea run out; they are often broke when they come out of the carts by rubbing against the ships.

Q. What occasioned the tea to run out?

Roberts. Because the corners of the chests were broke.

Q. Did you ever see the Prisoner do any thing in order to get the tea out?

Roberts. Yes, I have seen him take the tea out several times, by making little holes on the top of the chests, and so shook the tea out into his hand, or into the cart, and then take it up.

Q. Did you ever see him do it in the month of August last?

Roberts . I am very sure of it.

Q. How much did he take away?

Roberts. As much as he could well carry in his bosom.

Q. How much did he take at a time?

Roberts. A pound, or three quarters of a pound, sometimes half a pound.

Q. Did you ever see him take half a pound in the month of August?

Roberts. Yes, I am sure of it.

Q. What, not out of the chests?

Roberts. Yes, some out of one chest, and some out of another.

Q. Was you along with him?

Roberts. Yes, there are two in a cart to load it.

Q. Was you with him in August?

Roberts. I was there one day, and I saw him take some several times as well as I.

Q. What did he do with the tea?

Roberts. He sold it; he sold one parcel to one Robert Animan for twenty shillings.

Q. Who did this tea belong to?

Roberts. To the East India Company I believe.

Q. Where did you carry this tea?

Roberts. Some into Lime-street, it was by the order of the ticket-man Robert Sutton .

Jeremiah Mascall . One of the carmen had committed a fault in striking a neighbour's servant, and

there was a search-warrant taken out against him, and this Roberts came and surrendered himself to me, I suppose thinking that he should be taken up on account of the tea, and said he was concerned in taking the tea belonging to the East India Company. Mr. Day came, and the Prisoner said that he and two more were concerned: the Prisoner at the bar made his escape, and I had a warrant to take him up; he absconded himself for some time, and I took him at the tackle porters alehouse: they used to shake the chests, and put the tea into their bosom. I found it was a growing evil, and I thought it necessary to endeavour to prevent it. They have made their brags that they have got six or seven shillings a day by it: the Prisoner said he had been guilty, but he did not say as to any time, or any quantity, he said he sold some to Robert Animan .

Robert Sutton . I am a ticket writer to the East India Company; I set down what they take into their carts, and what they receive for cartage.

Q. Do you remember any thing of any teas being lost.

Sutton . Yes.

Q. What ships were unloaded in August?

Sutton . The Duke of Newcastle and the Dolphin.

Q. Do you know any thing of the Prisoner's taking any tea?

Sutton . I know he was employed in the work, I do not know of his taking any tea.

Q. What was he?

Sutton . He was any thing, sometimes a scuffle hunter, sometimes one thing, sometimes another; he did not work for any particular person.

131. George Skarrett , was indicted for stealing a silver pint mug, value 31 s. the property of John Broome , January 26 .

John Broome . The Prisoner came into my house the 26th of January last between four and five o'clock, called for a mug of beer, and went away with the mug, and was detected presently afterwards .

Henry Brooks . On the twenty-sixth instant I was at a publick-house, and they said that George Skarrett was just gone by with a mug, which they supposed to be silver, so drunk, that he could hardly stand; he went into an entry, and endeavoured to put it into his pocket. This is the mug. I asked him whose it was, and he said it was his. The Prisoner is a silver-smith, and I did not know but he might have it to do something to; I looked at it , and found no fault but a bruise on the side; and I suppose he hit it against something, in order to get it into his pocket. I saw a Castle upon it, and I went to Mr. Broome's, who keeps the Castle at Cow-Cross , and he went and fetched the fellow to it. This is the identical mug I took from the Prisoner.

Mr. Broome. This is my mug.

Mr. Green (Constable.) This mug was delivered to me at Justice Poulson's, and he ordered me to keep it till it was called for.

Q. You did not see it in the custody of the Prisoner?

Green. No.

Prisoner. I did not hit it against any thing to bruise it, but I run against a post and bruised it . I did not know whether it was silver or pewter.

Richard Cole . On the thirtieth of January my chimney was on fire, and I got the Prisoner to help put it out, and in a few minutes time she took the coral and necklace out of my room: She owned she pawned the necklace and locket to Mr. Paine for a shilling.

Q. Did she say they were yours?

Cole. I fetched Mr. Paine, and she said so before him; he is not well, and could not come . The Prisoner said she gave her mother the coral to sell, and she sold it to a silver-smith in East-Smithfield for twelve shillings and nine pence. She paid Mr. Paine the money for the necklace , and she said Mrs. Sanders pawned it again to one at Greenbank for fifteen pence; the pawnbroker delivered me the coral necklace, and did not take any thing for it. I do not know his name. Mrs. Sanders is not here; she said she would come if there was any occasion. The Prisoner owned she took these goods out of my house on the thirtieth of January, when my chimney was on fire . and that she gave her mother the coral to sell. I saw my coral hang up at a silver-smith's in West-Smithfield with my name upon it; I asked the gentleman whether it was to be sold, he said yes, and he told me he bought it the day before: I asked him what he would have for it, he said he would have fourteen

shillings ; I asked him what sort of a woman it was that brought it, he said a comely lusty woman , who said that a child was dead, and she sold it that the child might not lie above ground.

Q. Have you the silver-smith here?

Cole. No, but I can fetch him. I paid the silver-smith for the coral again, for he said he bought it at a market price.

Mrs. Cole. The Prisoner was at the fire; (she is an acquaintance a few doors off;) I missed them out of my drawers, and found the necklace and locket pawned at Mr. Paine's for a shilling. She owned she took the coral and necklace the night the fire was.

Richard Cole . I believe it was her mother's fault more than hers, and I desire the Court and the Jury would be merciful to her.

Mrs. Cole. I hope the Court will not hurt her, for I believe it is the first fact that ever she committed.

Richard Nicholls . I am a taylor. I made this coat for Mr. Hendey, and the Prisoner was taken with the coat upon his back .

Elizabeth Hendey . The Prisoner lodged two nights in my house, and in that time I lost money, and dispatched him out of the house, and some time afterwards I missed linen and this coat: I saw him in the street with this coat on, I followed him into a publick-house, charged a constable with him, and carried him before a Justice. He said he would give me any thing that would content me, if I would not carry him before a Justice; he said at first he bought it in Monmouth-street , and afterwards he said he bought it of a man in the street, who had it upon his arm.

Prisoner. Mrs. Hendey happened to see me in the street, and she said that was her husband's coat that I had got on; but I bought it of a man in the street who said he had a coat to sell; he asked 18 s. for it, and at last the bargain was made for 11 s. there is a man at the French Horn in Holborn who sitted the coat on. I told Mrs. Hendey I would make her any satisfaction if I did not find the man out in ten days time , but if I was committed to prison my name might be put into the newspapers, and then I thought I should never be able to find the man.

Mrs. Hendey said her husband was ill of the rheumatism , which was the occasion of his not being there.

Thomas Corp . I was not at home when the fact was committed, but was sent for; when I came home I believe there were thirty or forty people about the door; they said there was a shoplifter, and desired I would not hang her; I said I would not hang her, the laws might hang her. My servant took the cotton from her, and she desired I would be merciful to her.

Sarah Ryley . The Prisoner came into my master's shop to buy some purple and white cotton, I shewed her two or three pieces, and she liked none of them; she pointed to this piece, and I shewed it her, and she did not like the piece, she desired to see more; I shewed her more, then she desired to see a remnant, which I took down, she desired I would call my mistress; I turned my head to call to my mistress, and when I turned my head back again I saw her going out of the shop instead of waiting for my mistress: I saw something hanging down behind under her clothes; I said, mistress , you have taken a piece of cotton, and took hold of her, and said, that was a piece of my master's goods; she said it was not ; I called out for help, and when she heard my mistress a coming, she let the cotton go, and then I sent for a constable ; this is the cotton I took from her, and is the cotton I shewed her.

Prisoner. Pray miss, how can you say I offered to go out of the door, for I did not offer to step one step from the counter?

Ryley. She was upon the threshold of the door going out of the shop.

Mrs. Corp swore to the property of the cotton.

Mary Smith . I am servant to Mr. Corp; I was in the kitchen when Sarah Ryley called out for help; I went to her assistance, she got hold of the Prisoner's cloak, and I saw the cotton lie upon the counter .

Q. Did you see the cotton taken from her?

Smith. No, I did not.

Prisoner. I had been to see a lady who allows me a little income, and the cook gave me money to buy her two yards and a half of cotton to make her a short gown: I asked Sarah Ryley for two yards and a half of cotton, and she took some cottons off the shelf , and they fell upon her; I was taken with a fit of coughing, and she fell pulling and

Eliz. Alderson . On Monday the eighteenth of January the Prisoner called, and asked for William Alderson (I have a, son of that name, who I hope is alive); said I he is at Portsmouth. He looked at the silk , and said I had very good work; I said, I supposed he was a throwster , he said no, he was a piece of a weaver ; he asked me if I would drink any beer, I said I could not drink any, and if I had any thing, I would have a dram, and we had a quartern of liquor ; then he took hold of the work again , and the next day, when I went to my work, to my great surprize, I found my work all gone; I got a warrant and took him up, and he confessed the fact before Justice Tall.

Q. Where did you find these things again ?

Alderson. They were found in the Prisoner's room .

Q. Did you find them?

Alderson. No, I was not with them, the headborough found them; the Prisoner shewed him where they were.

Q. to Alderson . Are these the bobbins that were at your house when the Prisoner was there?

Alderson. Yes .

John Sharrer . I am a throwster . I employ about three hundred people. On the twenty-fourth of January the Prisoner was taken , and carried before Justice Tall. I was sent for, and upon examination he confessed that he had sold four ounces of it to one Mr . Kent, at St. Agnes le Clear : Kent absconded ; I searched his house, but found nothing . The headborough found out, by the Prisoner's information , where the goods were, otherwise he could not have found them. These are my bobbins, we mark all our bobbins with this mark.

Richard Fortman . The Prisoner was taken up, and carried to Justice Broadhead's; and there was a silver spoon, which is my property, at the Justice's; the prisoner had sold it to a silver-smith; I desired her to come , she said there is no occasion for you have your spoon again (this is my spoon ). The Prisoner said before the Justice, that she had not stole it, but had found it fairly.

Ann Johnson . I live in Princes-Street, Hanover-Square , with Mr. Fortman. The Prisoner rung at the door, and the man let her in; she had four bunches of sallary upon her head; she said a lusty fat gentleman had bought them, and I was to give her six pence for them. She came down into the kitchen ; I told her I would not give her six pence, she might stay till the gentleman came: She desired a little small beer, I went to draw the beer, and she stole the spoon out of a China plate.

Q. How do you know that?

Johnson . Because there was no body in the kitchen but myself.

Q. You did not miss the spoon till after you had drawn the beer?

Johnson . No, I did not miss the spoon till after she was gone. I did not say any thing of it till night, and then I told my fellow servant, that I had lost a spoon, and desired him to buy a spoon at a pawnbroker's and then my master and mistress would not know it; my fellow servant went to a pawnbroker's and found it; they said a woman with four bunches of sallary upon her head had left it there.

Prisoner. And please you, my Lord, I do not know her . God bless you.

Thomas Wyrett . I went after the spoon, at the request of my fellow servant, to a pawnbroker's , and found it, and they said a woman with sallary brought it.

Q. Who told you this?

Wyrett. A man that keeps a brandy shop in Tyburn-Road.

Q. Was the spoon sold there?

Wyrett. No, it was sold by Holborn-Bars for ten shillings; I gave a shilling to a woman who went along with me: I got the spoon again, and the Prisoner was taken up the same day, and she said she found it fairly .

Fortman. It was sold to a silver-smith for ten shillings, and the woman finding it was stole, returned it again without the money.

Prisoner. My Lord, indeed I found the spoon in a little street by Grosvenor-Square , but I do not know where it is .

James Gifford . I missed this tea last Monday out of my compting-house; there were two large canisters there, but whether it was taken out of one or both I cannot tell.

Q. How came you to suspect the Prisoner?

Gifford. The Prisoner came at two o'clock in the morning to wash, my man was to let her in, and I ordered him, when he went to bed again, to lock the shop door, which he neglected to do, as he tells me; I got a search-warrant, and found in the Prisoner's cellar about three pounds weight of that tea: She confessed it was my tea before the constable and the justice, but said that my servant gave it her; and she accused my servant of carrying tea home to his mother, but I could not find any there.

There were three half pound canisters produced, which were found in her custody, and some in a paper, which Mr. Gifford said he believed to be his tea.

Q. How long have you known the Prisoner?

Gifford. She has washed for me ever since I lived in my house. I have not lived t here above half a year. It is a hard thing upon a young beginner .

John How . On Monday, the fifteenth of February, I let the Prisoner in to wash about two o'clock in the morning. My master ordered me to lock the shop door, when I went to bed; but being heavy with sleep, I neglected to do it. The Prisoner had an opportunity of going in there till six o'clock in the morning.

Q. Do you know any thing of her taking it?

How. No.

Q. Do you lie near the shop?

How. Yes.

Jury (to Gifford) How far did these canisters stand off his bed?

Gifford. They were in another room, about three yards off his bed, but if he was a sleep a person might come in and he not hear it.

John Trovell . I am a headborough, I went and searched the Prisoner's lodging and found some tea, which Mr. Gifford said was his tea: the Prisoner said before the Justice that it was Mr. Gifford's tea, and that How gave it her: at first she said her son that came from India gave her one canister of tea .

Prisoner . Some of the tea I bought, and my son gave me one canister; I have nothing to say to John How at all, I had nothing to do with him, what I said was in a fright, for I never was before a Magistrate in my life.

Richard Parsons . I am a staymaker, the Prisoner has worked for me about two years, and I never found any thing amiss of her.

Q. Was it the last two years ?

Parsons. No, it was about four years ago, I have not not been acquainted with her since.

Nicholas Levidge . I have known the Prisoner fourteen years, and I never knew of any dishonesty laid to her charge, she has chaired for me.

Q. How long?

Levidge . Not a great while, she always behaved honestly as far as I know.

138. Edward Bredway , was indicted for stealing a linen handkerchief, value 10d. the property of George Woodfall , January 27 .

George Woodfall . On the 27th of January about seven in the evening I lost a linen handkerchief out of my coat pocket in Fleet-street , just by Sir Richard Hoare 's door; I saw the Prisoner make a motion with his hand, and saw him put it into his coat pocket. I had some papers and things of value in my pocket-book, which he missed: I walked by the side of him till I came as far as Corbet's Lottery-Office, and then I pushed him into the house and secured him, and he dropped the handkerchief in the shop.

Q. You did not see him drop it?

Woodfall. No, I saw it upon the floor in the shop.

William Maylin . On the 27th of January about seven in the evening Mr. Woodfall pushed the Prisoner into the shop, and I saw the Prisoner shuffle with his hand, and saw him drop the handkerchief; the Prisoner said somebody threw it into the shop.

140. James Walker , of St. Dunstan's in the East , was indicted for stealing three shillings , the property of John Keys , Feb. 4 .

John Keys . I am a grocer in Tower-street , the Prisoner was my porter , and had been so for thirteen months; I had a suspicion of dishonesty, and I marked ten shillings with a cross with a penknife just by the nose, and put them into the till, and I lost three of those shillings out of the till, and these are three of those shillings, I can swear to them because of the marks.

Q. When did you mark them?

Keys . The fourth of February; about eight at night I went out for about two hours, and when I came home I went to the till, and three of those shillings were gone; I spoke to the Prisoner, and said I believed he had robbed me; he put his hand in his pocket and pulled out 4 s. and 6 d. and there were two of my shillings among them, and another was in his side pocket, and the Prisoner confessed he had robbed me of that money.

William Holbert . I saw the Prisoner take money out of his master's till twice.

Q. How did you see it?

Holbert. I was concealed in a sugar hogshead.

Q. Are you Mr. Key's servant?

Holbert. No, I am his father's servant.

Q. What did you do there?

Holbert. I was ordered to go into the hogshead to see what I could see.

Q. What time did you go into the hogshead?

Holbert. About seven o'clock at night on the fourth of February.

Q. What, to watch?

Holbert. Yes.

Q. What was you to watch for?

Holbert. Why, to see what I could see.

Q. What, to see any particular person?

Holbert. No.

Q. Where did this hogshead stand?

Holbert. Just before the till.

Q. Had the Prisoner any candle?

Holbert. Yes.

Q. Why this money was not put into the till till eight at night? Did you see him take any out of the till?

Holbert. Yes, I was in the hogshead twice.

Q. When was the other time you got into the hogshead to watch?

Holbert. The first time was the second of February.

Court. That does not agree.

Keys. He was in twice that night .

Q. How long was you there ?

Holbert. From seven till ten .

Q. How often did the Prisoner come to the till in that time?

Holbert. Twice, and took out money both times. Mr. Keys came home about ten o'clock, and he said he believed he had robbed him, and bid him pull his money out, and the Prisoner pulled 4 s. 6 d. out of his pocket.

Q. Were they marked ?

Holbert. Some were marked, and some were not marked.

Q. What was the mark?

Holbert. I do not know the mark because I did not see them marked.

Keys . There were three persons more there, but I thought there was no occasion for them here.

James Walker . The Prisoner is my son.

Q. What has his behaviour been?

Walker. That of a very honest lad, and all his relations will say so.

Mr. Davis , the keeper of Ludgate, said he had received a letter from High Wycomb, signed by the Mayor and Aldermen, giving him a character, but it was not allowed to be evidence.

Lee. Because Ann Milner told me it was there: I took the Prisoner up on the seventh of February and carried her before Justice Mussell ; he asked her how she came by it; she said she found it in the clothes; the Prisoner used to wash for me.

Ann Milner . The Prisoner gave me this spoon to go to Mr. Stephens's shop to sell it for her.

Q. Look upon the spoon, is that the spoon she gave you to sell for her?

Milner. Yes.

Q. And did you sell it to Mr. Stephens?

Milner. Mr. Stephens stopped it.

Court. Mr. Stephens did very well , he acted like a man of honour.

Q. Did you tell Mr. Stephens immediately where you had it?

Milner. I went out to look for her, and she was gone.

Q. Did you tell Mr. Stephens that you had it of this Ann Calabar ?

Milner. Yes.

Q. When did you meet with her again?

Milner . I met with her as I was going home, and then she told me where she had the spoon: She said the spoon came in the clothes from Mr. Lee's.

Joseph Stephens . On the sixth of this instant Ann Milner came to my shop, my son was in the shop, and Milner offered to sell the spoon to him. My son seeing a crest on the spoon called me ( he had weighed it); I came into the shop directly , and asked the young woman how she came by it; she told me she had bought it: I asked her what she gave for it; she told me eighteen shillings: Said I , my girl you have been imposed upon, it weighs but two ounces and a quarter, and, at six shillings an ounce, comes but to thirteen shillings and six pence. I asked her where she bought it; she said at a pawnbroker's: I said I would see her righted: Said I, what is his name ? she told me he lived in Somerset Street [by Whitechappel-bars ]. As we were going to the pawnbroker's, she tugged me by the sleeve, and said I will tell you the truth. This spoon is not mine, it is a young woman's who sent me to sell it. I said you should not have told me such a falsity . I went to my neighbour's, and he said there was no such thing taken out that day. (I went for my own satisfaction to know the truth of it) When I came from the pawnbroker's I had her back to my shop, took her name down, and where she lived, and I enquired what the person's name was that she had it from, and she said Calabar; I do not remember the christian name. I said I would take care of the spoon, and told her she must look after Mrs. Calaber, for her own security and character; and I found that Milner's mother went to inform Mr. Lee who had the spoon.

Sarah Edge . My daughter, Ann Milner , told me she went with Ann Calabar to sell the spoon, and when she told me who took the spoon, I went to Mr. Lee's, and told them who took it.

Sarah Blakesley . I have known the Prisoner's friends these twenty years, and they are very honest people, and I never knew that the Prisoner ever did any harm in her life. Her friends live at Mile End, and she helps her mother to wash.

Elizabeth Stephenson. I have known the Prisoner ever since she was twelve years of age; she is not seventeen now. I have known her father and mother as long as I can remember, and I never knew any harm of her. I hope you will take it into consideration , on account of her years, and because she has nobody to speak for her.

Ann Griffith . The Prisoner came to my house when I was in bed, and asked for a washer-woman ; I directed her to one. This linnen was ready ironed , and lay upon the dresser , and she whipped them up, and took them away.

Q. Did you see her take these shirts?

Griffith . No, I was in bed; but a neighbour of mine saw her drop one of the neckcloths: They are the goods of Mr. Roberts, a presser in Coleman-Street .

Sarah Ball . Last Friday morning I saw the Prisoner drop a neckcloth, and called her to take it up, and then she took to her heels and run away . That made me suspect her to be a thief ; she was secured, and there was in her apron six shirts and three neckcloths, and one which she dropped, which Mrs. Griffith swore to before the Justice.

Charity Nutting , Mrs. Ball said that a woman had dropped something, that she had called to her, and she run away, and would not take it up: I run after her, and took her, and found six shirts and three neckcloths in her apron, and Ann Griffith owned them to be her linnen.

143. + Elizabeth Dickins , of Finchley , was indicted for the murder of Ann Saunders (her servant ) on the 25th day of December last, by beating and striking her on the head, back, belly, breasts and sides, and thereby giving her several

mortal wounds and bruises , of which she languished, from the said 25th day of December to the 22d day of January, and then of the said mortal wounds and bruises died. The Indictment further faith, that the said Ann Dickins being void of all christian charity , after the 1st day of August last, and continually afterwards , to the 22d day of January, did not allow to the said Ann (an infant of the age of sixteen years) sufficient victuals, drink, and necessaries, to preserve life; and that the said Ann, by reason of the want of sufficient victuals, drink, and other necessaries , languished, and languishing did live from the said first day of August to the said twenty-second day of January, and then miserably perished and died .

She was a second time indicted on the Coroner's Inquisition for the said murder.

Mary Bishop sworn.

Q. What do you charge the Prisoner with?

Bishop. I charge her with what the child said, that she called upon the Prisoner for water, and she would not let her have any.

Q. What time was this?

Bishop . The day before the shortest day.

Q. How long was this before the child's death ?

Bishop . About five Weeks.

Q. Did you hear any thing of this a day or two before?

Bishop . No.

Sarah Holloway sworn .

Q. do you know the Prisoner at the Bar?

Holloway . Yes; the Prisoner brought Ann Saunders into my house and beat her with a mopstick.

Q. How long ago was this?

Holloway. About Christmas time.

Prisoner . It was about Michaelmas , my Lord.

Q. When did the child die?

Holloway . I cannot tell.

Q. Did the child die of that beating?

Holloway. No.

Q. Did the child complain of this usage?

Holloway. Yes, she said her mistress would kill her, and that she swore she would kill her.

Q. Did you see her beat her at other times?

Holloway. Yes.

Q. With what?

Holloway. With a whip, a stick, a handbrush, and other things.

Q. How long was it before the death of the child, that you saw her beat her at all?

Holloway. About a month.

Q. Where was this done?

Holloway. At my house.

Q. What did the child lie at your house?

Holloway. No, she lay at her mistress's.

Q. What condition was the girl in after this last beating?

Holloway. She kept her bed several times; she was out of doors the day before she died, and the day after she died she had not a free place about her head, and her body appeared black and blue.

Q. How do you know this?

Holloway. It was told me by a woman who stood by when the girl was opened.

Q. Do you know any thing further?

Holloway. The Prisoner had a horse died, and she laid the cause of it to this child, and said that this girl should not be long after him.

Q. How came she to lay the death of the horse to this girl ?

Holloway. I cannot say any thing to that.

Prisoner . I desire to know of her, why I took the girl to her house?

Holloway. To shew me her nastiness, and how she was bedaubed with dirt* and water.

* The deceased had an infirmity of nature, that she could not hold her water, &c. and the Prisoner knew it before she took her, for the parish gave her six pounds with the child on that account .

Pris. Would she ever let her shoes be tied? did not you see what a slattern she was?

Holloway. The child was a slattern .

Pris. Did not she deny every point of this the day after ?

Holloway . Yes, she did, my Lord, but I was told, it was because she was beat so, that she durst not speak of it.

Robert Holmes sworn .

Q. What have you to charge the Prisoner with?

Holmes . She is indicted for the murder of her maid. I saw the girl one day coming down stairs, and her mistress was following her, beating her with a stick as big as my thumb.

Q. Were there any great wounds made by that beating?

Holmes . She struck her upon her head, but I did not see any wounds; I asked the Prisoner what she meant by that, and she said she would kill her.

Q. Did she strike the girl after you said that?

Holmes . No, she went out of the house directly.

William Bailey , surgeon. I opened the body, and examined it, and did not find any thing that might occasion her death; and it appeared by the upper and lower belly, that there was no inflammation, or any extravasated blood, that might occasion her death.

144. James Wiseman , of St. James's, Westminster , was indicted for stealing twelve pair of worsted stockings, value 19 s. the property of George Scott , Jan. 22 .

George Scott . On the twenty-second of January I lost twelve pair of stockings, and on the twenty-third I missed them; but I did not know who had them till a constable came and informed me, that he had heard of some boys that had taken them: The witness, Harding, confessed it on the Saturday sevennight following, and said the Prisoner took them away.

Henry Harding , the accomplice , called.

Q. What age are you?

Harding. I am going in fifteen.

Q. Do you know the nature of an oath?

Harding . I shall speak nothing but the truth.

Q. But suppose you should speak something that is not true, what then?

Harding. I should go to the devil.

Q. Do you know the Prisoner?

Harding. Yes, I was along with him in Tyburn-Road , with Henry Williams and James Wiseman , and he said, if I would follow a gentleman's servant he would take some stockings, and Henry Williams took them.

Q. Who did he give them to?

Harding . To James Wiseman . The next morning the Prisoner told me they were all stopped but two pair, and he sent a young woman to sell the two pair, and I had four pence halfpenny out of the two pair.

Q. Who stopped them?

Harding. The people that he offered to sell them to.

Q. What reason had they to give you the four pence halfpenny ?

Harding. Because I was along with them.

Q. So you was to have part of the plunder?

Harding . Yes.

Q. Who did he take these from?

Harding . From Mr. Scott, in Tyburn-Road.

Q. Did he take them from Mr. Scott, or Mr. Scott's servant?

Harding . He took them out of the shop; the hatch was open, and he went in.

Richard Kitchin . I am a constable of St. James's, Westminster. This day three weeks Harding, the evidence, gave me information where several boys were, who were concerned in this and other robberies, viz. Richard Wootton , Michael Coyle , and John Ash , who escaped out of the Gatehouse: I took them all out of one bed, and I took the Prisoner out of a room in a stable yard, and he run into a chimney; I fetched Mr. Scott to Harding, that he might come at his goods if possible. This sword was taken from Harding, the evidence, and he said it cost a halfpenny: I asked him what he did with it; he said they made use of it to lift up windows, and get any thing they could come at, and to cut any body that should oppose them. I believe your Lordship will find them to be a wicked gang of rogues, and the eldest of them is not above seventeen years of age. Williams and Harding brought these stockings to me, [some stockings were produced] and said he would give me a penny if I would take them home for them. [This was contradicted by Harding.]

Mrs. Wood. On the second of February I lost fifteen pair of stockings out of my shop. I know nothing of the Prisoners, only as one of the boy s made an information.

Henry Harding . My Lord, John Ash and Richard Wootton were with me; Wootton took one bundle of stockings out of Mrs. Wood's shop in St. James's Market , and Ash took another; they threw another bundle down, and I took it up.

Q. Were the two Coyles there?

Harding. Yes.

Q. Had they part of them?

Harding. They had two pair of stockings a piece.

Q. Look about you, and see whether Mrs. Wood is here.

Harding. This is the gentlewoman [pointing to Mrs. Wood].

Q. What did you do with these stockings?

Harding. I had two pair. I sold mine in St. Giles's. I do not know what they did with theirs.

Richard Kitchin . This boy, the evidence, was brought to me in the watch-house, and the gentleman that brought him went back to fetch the sword; and while the gentleman was gone, I asked him whether he had any accomplices, he said he had; and I went by his directions and took three of them out of one bed, Richard Wootton , Michael Coyle , and John Ash : Ash said he knew nothing of the matter; but I said I would take them all together. Harding confessed a matter of eighteen robberies. They are all in a gang together.

John Marham . I can only say, that the mother of the Coyles is a very honest woman.

Q. What character have the boys?

Marham . I believe a very good character, the young one knew nothing of it.

[The youngest Coyle said he was in bed with his mother when it was done.]

Elizabeth Withers . I am the mother of these boys (the Coyle's) the youngest was in bed with me when the fact was committed.

Q. What night was that?

Withers. It was the very night the boys were taken ; the great one was taken in bed from his master's , and the little one was taken from my side in the street.

Timothy Taylor . On the third of February these goods were stole, I was not at home.

Q. What trade are you?

Taylor. I am a distiller , but I had these from a friend of mine: I carried the Prisoner before a Justice, and he owned they stole them out of my shop, and these boys told me I might have them in the afternoon if I would not search any more after them; the Prisoners told me they were at Mrs. Coyle's . These goods were exposed to sale by Coyle's mother, and I found the goods in Mrs. Coyle's house. Mr. Kitchin went along with me, and took my goods from Coyle's house: the Prisoner confessed he took 3 s 4 d. out of the till .

Henry Harding . Richard Wootton and John Ash (the Prisoner) were with me one night, I did not know what they were about, but they brought me some handkerchiefs, and then Wootton went in again and brought some more handkerchiefs and some money out of the till.

Q. What did John Ash do?

Harding. He stood and held the door.

Richard Kitchin . I was fetched by Mr. Taylor to go to Mrs. Coyle's; I went with him, and found his handkerchiefs, and they were brought away.

149. + Jane Bellebee , of St. John the Evangelist , was indicted for stealing one gold ring, value 10 s. 6 d. and 14 s. in money, the property of William Stacey , privately from his person , Feb. 21 .

William Stacey . The Prisoner picked my pocket of fourteen shillings in money, and took a gold ring off my finger.

Q. Where was this?

Stacey. In St. Ann's-Lane .

Q. What time of the day was this?

Stacey. About five o'clock in the morning.

Q. What business had you at that time of the day in that place?

Prisoner. Speak a little louder that I may hear you, I do not know what you say.

Q. Where did you see her first?

Stacey . The first time was at Charing-Cross, and we went to a night cellar to drink a pint of beer, and we had three halfpennyworth of bread and cheese; she went up stairs and fought with a woman, then she came down again, and she wanted me to go along with her.

Prisoner . Speak your words properly, pray.

Q. Where did the Prisoner live?

Stacey . In St. Ann's-Lane.

Q. What are you?

Stacey . I am a chairman .

Q. Did you see her home?

Stacey . Yes, I saw her quite to the house, and she said she would make me amends: she went up one pair of stairs, and I went after her; I had been up all night, and was very heavy; I sat upon the bed's feet, and fell fast asleep.

Prisoner. What did you do upon the bed? [There was no answer.]

Stacey . She fumbled about something, and she picked my pocket, and took my ring off my finger, and put it into her mouth; I said if she would give me my money and ring again I would not do any thing to her; she said I might kiss her a - e, and do what I would; I called out watch, and a man came and bid me go out, and if I would not go out he would lick me away: I got a warrant for the

man, and took him before a Justice; he said as to the money he knew nothing of it, but the ring I should have; and the man gave the ring to the Justice, and the Justice gave it to the constable: the Prisoner owned she had the ring, and had given it to her landlord.

Prisoner. Pray what did you do when you went into the room ?

Stacey. I sat down upon the bed.

Prisoner. Did nobody lie down by you?

Stacey. No. Was you on the bed along with me?

Prisoner. Yes, I was, and you gave me this face. You made me lie down along with you. Pray, Sir, did not you ft - h me? [The Prosecutor made no reply.]

Q. Had you any familiarities with her?

Stacey. No, my Lord, I do not know whether she is a man or a woman but by her clothes.

Lewis Farbes (constable.) I was sent for by the man of the house to take this man and woman up, and I carried them before Justice Ellis: the ring was delivered to the Justice by a corporal, and it was delivered to me by his Worship. The Prisoner owned she had the ring, and that she gave it to her landlord, and the landlord gave it to the corporal .

[ Forbes gave the ring to the Prosecutor, and bid him look at it .]

Stacey . This is the same ring the Prisoner took off my finger,

Prisoner. I had been to see a young woman an acquaintance of mine who was very ill: I went into this cellar and had a pint of beer; I had not been there long before this chairman came down; he sat down, and said I should drink with him ; I said I would not; he said if you will not drink part of a pint of beer, you shall drink part of a pint of hot: he sat me down upon a bench, and called for some bread and cheese, and then another pint of hot . He asked me whether I could help him to a lodging , for he was locked out of doors; I said I could not say but I had a bed, and he said, my dear , let me go along with you; I said I did not care that any body should lie in my room, but as he was destitute of a bed, he should lie in my bed, and I could lie with a young woman in the next room, and he lay in my bed; he let me have the ring for a shilling that he had of me: he asked for the ring, and I said I will not give you the ring till you give me the shilling, for he had not a halfpenny piece to show after he came out of the cellar. He threw me against the door of my lodging, and broke the door open by throwing me against it; and I said, young man, give me the shilling, and you shall have your ring; he went away, and I never saw him again till he brought the constable.

Q. Have you any body to prove any thing of this?

Prisoner. I have none here now, but I have very good housekeepers to appear to my character; it will go very hard on my side if I have them not here.

John Vanderstein . My child told me there was a woman come down with her mother's cloak upon her arm. I pursued her, and took my own things upon her: I asked her how she came by them, she said, do not be angry with me , and I will go back with you; I said, so you shall. She said , let me go, and I will give you the things again: I said she should go before a Magistrate, and accordingly she did. I went to see her in New-Prison, and she said two soldiers persuaded her to do it: I said, why did not you say this before Justice Tall? There was no soldier near the house .

153. + William Whurrier , of Finchley , in the county of Middlesex , was indicted for the murder of Henry Rogers , on the 11th day of February, in the 21st year of his Majesty's reign , by striking him with a sword made of iron and steel, of the value of 12 d. and giving the said Henry one mortal wound on the forehead, near the left eye, of the length of one inch and three quarters, and the depth of half an inch, of which he languished, from the said 11th day of February to the 14th day of the said month, and then died . He was a second time indicted on the Coroner's Inquisition, for the murder of the said Henry Rogers .

Randolph Marsh . Four sailors came to our house.

Q. Whose house?

Marsh. One Page's, a farmer, on Finchley-Common .

Q. When was this done?

Marsh . Yesterday was fortnight .

Q. That was the eleventh of this month?

Marsh . Yes, Sir.

Q. What did they come to your house for?

Marsh . For relief.

Q. What is Mr. Page?

Marsh . He is one of the overseers of the poor. My master was not at home, and my mistress sent me with these sailors to another overseer, and one of the sailors said, I will go and bid our shipmates go along. There was a woman going along the road.

Q. When was this that you first saw the woman?

Marsh . It was when she was with a soldier .

Q. What time was that?

Marsh. About five o'clock.

Q. You say, one of the four sailor s said he would go and bid his ship-mates go along; so he parted from you, and you and the other three went on.

Marsh. I went along with them to shew them the way, and I saw a soldier preventing the woman's going along.

Q. What did he do?

Marsh . Nothing, but prevented the woman from going along.

Q. Look at the Prisoner, is that the soldier ?

Marsh. Yes.

Q. Was this to prevent her going with the sailors?

Marsh. Yes; and they went up to the soldier.

Q. What passed between them ?

Marsh . I could not well understand their language, but I understood that they said, if one could not lick him they all could, and they set up a run as fast as they could; and as soon as they came up to him he drew his sword, and said, if they did not go away he would stick them.

Q. Look at the Prisoner, was he the man that drew his sword?

Marsh. Yes.

Q. What then?

Marsh . The sailors stepped back, but they did not offer to run away.

Q. How came the soldier to draw his sword, had any words passed between them?

Marsh . Yes. When the soldier drew his sword, they stepped oack , and t hen the Prisoner put up his sword. There was another soldier in the road, said the Prisoner to the other soldier, as he was coming along, they have misused me, and then the other soldier got off his horse and run after them with a stick; then the Prisoner drew his sword again and run after them, and as the sailors were running along, one of them fell down, and then the Prisoner fell a cutting him as fast as he could?

Q. Did the sailors run away?

Marsh . Yes, they run away as fast as they could.

Q. What, did all the four sailors run away?

Marsh. Yes, they all run, but Henry Rogers could not run so fast as the rest, and he fell down. I saw him tumble down, but I do not know what was the occasion of it .

Q. Did the Prisoner cut him first, or did he tumble first?

Marsh. I believe he tumbled down before the Prisoner struck him , and when he was down the Prisoner cut him, and laid on as hard as he could, and did not mind where he hit him.

Q. How many cuts did he give him?

Marsh. I cannot tell.

Q. Did he give him two, three, or four?

Marsh . Oh! several; he kept cutting him for some time.

Q. How long?

Marsh. Until the other soldier came back.

Q. How far was he from the other soldier ?

Marsh . But a very little way.

Q. How long might that be that he was cutting him?

Marsh . About a minute or better.

Q. How came he to leave off then?

Marsh . This lad, [ pointing to the next witness ] who was along with the other soldier, said he believed the Prisoner would kill the man, and desired him to assist him.

Q. How came he to leave off then?

Marsh . Why, the other soldier struck him two or three times on the head, in order to make him leave off.

Q. And did he leave off then ?

Marsh. No.

Q. Have you got the sword here?

Marsh. No.

Coroner . His comrade carried off the sword?

Q. What sword was it?

Marsh. It was a broad sword.

Q. Did he cut him with a broad sword?

Marsh. Yes.

Q. You say he was cutting him a minute, how many strokes did he give him in that minute?

Marsh . I cannot tell.

Q. Did you see at any time any of the sailors strike him?

Marsh. No.

Q. What, never a one of them?

Marsh. No.

Q. Did you see the deceased do any thing to him?

Marsh, No , I did not see him do any thing at all to the Prisoner.

Q. What did they say?

Marsh. They talked pretty much, but what they said I cannot tell.

Q. Can you tell whether any of the sailors did or did not give him a stroke?

Marsh. I cannot tell indeed, they might, for they were all round him.

Coroner. The deceased had but one arm, his right arm was cut off.

Q. Can you swear you did not see any one of the sailors strike the Prisoner at the bar?

Marsh . No. I did not see any one of them strike him.

Q. You say the Prisoner did not leave off striking him, till the other soldier struck him on the head with a stick to make him leave off?

Marsh. Mr. Newsham's man that keeps the alehouse came up to him, I ran down to the house along with one of the sailors.

Q. Did you leave the deceased there?

Marsh. Yes.

Q. Did you go to get help?

Marsh. I believe the sailors did.

Q. Did the deceased get up himself?

Marsh . I cannot tell, but Mr. Newsham's man came up to him first.

Q. Did he get up himself?

Marsh. I do not know whether he could get up himself, but he walked down to Brown's Well himself .

Q. What happened to him afterwards?

Marsh. I do not know.

Q. What do you know of his death?

Marsh. I know nothing of his death.

Q. What time of the day was this done?

Marsh. About five o'clock in the afternoon.

Q. How long did this man live after this?

Marsh. He died on the Sunday following, but I cannot tell what time he died.

Q. Where did he die?

Marsh. At Brown's Well.

Q. Do you know what was the cause of his death?

Marsh. No.

Q. Did you ever see these wounds afterwards ?

Marsh. I saw three wounds after he was in the house, but they were dressed that night.

Q. Where were these wounds?

Marsh. There was one upon his left arm, one upon his left eye , and the other upon the back part of his head.

Q. Did you see what sort of wounds they were?

Marsh. They were all very great ones, and all bloody.

Q. Did you see them dressed?

Marsh. No, I did not.

Q. Did you imagine he died of any of these wounds?

Marsh. I cannot say that.

Q. Did you see him afterwards?

Marsh. I did not see him after that night .

Q. Did you see him dressed that night ?

Marsh. No.

Q. Did you see whether any of the sailors gave the Prisoner a blow ?

Marsh . No, I saw one of them take hold of his sword .

Q. What, before he cut ?

Marsh . Yes, and then he put it up again.

Q. What did the sailor do when he laid hold of his sword?

Marsh. He did not do any thing, but only desired the Prisoner to put it up again.

Q. Was it to wrest it out of his hand, or to prevent him from doing mischief?

Marsh . No, it was not to get it out of his hand, but to prevent him from doing mischief.

Prisoner. He swears what is not true; I would ask him, whether when one of the sailors laid hold of my sword, that it was not to wrest it out of my hand, in order to use it against me?

Marsh. No, I did not think so.

Francis Harper (a post-boy .) I was riding to Barnet between four and five o'clock in the afternoon.

Q. What did you see then?

Harper . I saw four sailors round this soldier.

Q. Where?

Harper . On the bank just by Brown's Well, on the left hand as you go from London.

Q. Is this Brown's Well upon the road?

Harper. It is a house by the road side on Finchley Common: the Prisoner's comrag desired me to go up the bank along with him; as soon as this man got up the bank he got off his horse, and said he would clear the coast of them: as soon as he lighted off his horse he lifted up his stick and ran after the sailors, and then the Prisoner (seeing him come to his assistance ) drew his sword, and then all the four sailors run away as fast as they could: this sailor that the Prisoner cut so, could not run so fast as the rest, and the Prisoner catched him; as soon as he catched him, the man that died finding he could not get away from him, turned round, and begged of him not to strike him.

Q. Was his sword drawn then?

Harper . His sword was drawn, my Lord: the Prisoner did not take any regard to what the man said to him, but he laid on him any where whereever he could strike him, under the arm or over the head.

Q. How many strokes might he give him?

Harper. I cannot tell.

Q. What was it with that he struck him?

Harper. With his naked sword; when the sailor turned round , and begged that he would not strike him . The sailor was upon his legs then.

Harper. I cannot tell whether he fell down by the blows, or whether he fell down accidentally in turning back.

Q. What did you see more?

Harper. The deceased begged of him, while he was down, not to strike him any more, and cried out murder; but the Prisoner never minded that, but laid him on, back-stroke and fore-stroke, or any way that he could hit him.

Q. How many strokes did he give him?

Harper . He laid on as fast as he could; I could not tell the blows. Afterwards his comrag was coming up as fast as he could, and I seeing the Prisoner lay on him in this manner, desired him to go to the assistance of the deceased; his comrag came up , and struck him on the back part of the head with a stick , but the Prisoner did not leave off his blows . I desired him to leave off, but he did not mind me: Then his comrag struck him again .

Q. What did he strike him for?

Harper . He struck him, because he observed that he had used the deceased so barbarously.

Q. How long did the deceased lie upon the ground?

Harper. About two minutes.

Q. What then?

Harper. The Prisoner went to the house at Brown's Well.

Q. Then he did not endeavour to help the deceased up?

Harper. No, he left him on the ground. Then the other soldier got upon his horse again, and went with me to Brown's Well, and then he hit him again with the stick, took his sword from him, and threw it into the yard.

Q. Who came to this poor man's relief?

Harper. There was a man came up to him, whether he helped him or not I cannot tell.

Q. Then you did not endeavour to help him up?

Harper. I was on horseback all the time.

Q. Was the deceased brought down to Brown's Well?

Harper. The deceased walked down to Brown's Well, after he had received his Wounds.

Q. What became of him then?

Harper . They tied his head up with his handkerchief , and he went into the house.

Q. When did you see him again afterwards?

Harper. I did not see him till after he was dead.

Q. When was that?

Harper. The Sunday night following.

Q. What time did he die?

Harper. About six o'clock at night.

Q. Did you see his naked body?

Harper. No. I saw him after he was laid out.

Q. Did you see any of the wounds?

Harper. I saw that his arm was cut, but I did not see any of the wounds opened.

Q. Do you know how he came by his death?

Harper. I do not know whether he died of the wounds, or as it pleased God.

Q. Now I would desire you to recollect yourself, whether, when the sailors came up near him, you saw the sailors, or any body else, strike him?

Harper. I did not.

Q. Did you hear any thing that passed between them?

Harper. I did not hear any thing that passed between them.

Q. You are sure you did not see any body strike him?

Harper. I did not, to the best of my knowledge.

Q. Did you hear any ill language between them?

Harper. No.

Pris. I know that neither this witness nor the other lad were there at the beginning of it, for there were several blows passed before they came up. Did you see the beginning of it?

Harper. I speak what I saw.

Q. Did you see the Prisoner's sword twice out?

Harper. No.

Q. Did you ever see it sheathed, till you saw him give these cuts?

Harper. No.

Q. You say he laid on as fast as he could, and struck wherever he could; how many strokes might he give him? recollect yourself.

Harper. I cannot be positive; but there might be ten or a dozen for what I know.

Q. Did you hear or see any provocation given by the sailors to the Prisoner?

Harper. I did not, my Lord.

John Bailey (a surgeon .) On the 11th of this instant I had an order from one of the overseers of the poor of the parish of Finchley to go to the assistance of a poor man who was wounded.

Brown's Well, on Finchley-Common . The overseers were informed, that there was a man there who was wounded in a very terrible manner, and in a very dangerous way. I received the letter between seven and eight at night. According to the account I had, as soon as I had made up proper applications , and dressings, to take with me, I went.

Q. Do you live in London?

Bailey. I live at Highgate. When I came to the house, I went into the room where the de- y, (he lay upon straw) and upon enquiry that the wounds he had were upon his head .

Q. What part of the house was he in?

Bailey. In a sort of an outhouse. I got some were in the room to assist me in get- p. (The Prisoner was in a room by under the care of a headborough.)

dress him on the straw?

got him into a chair.

wounds did you find?

first place I began to examine the principal part, and the on the frons , or fore part from the forehead below the eye , and the skull, which is (the skull is divided into two tables and sometimes the outward table shall be broke and not the other) was divided, as if a butcher had taken a chopper and divided the skull, so that the brains lay open.

Q. And did you judge this wound to be mortal?

Bailey . Yes, Sir, I judged the wound to be mortal ; and upon his head being shaved, there appeared six other wounds upon the head, which went through the skin, but not into the skull; but the bone was bare, and I dressed them all. Then I made an inspection into the arm, and I found as many wounds there, from the wrist to the scapula, as I did upon the head. Upon the back part, what we call the scapula or shoulder bone, there were two wounds more.

Q. Were these deep wounds?

Bailey. Especially three of them, and the bone of the arm was fractured by the incision, as if it had been done by a sword.

Q. What arm was this on?

Bailey . On the left arm.

Q. You did not say on which side of the forehead the wound was.

Bailey . The same side as those on the arm.

Q. What did you further observe of these wounds ?

Bailey. I then dressed all these wounds .

Q. I think you have reckoned up fifteen ?

Bailey . I believe there were fifteen, and they were all at that distance from one another, that they must all have been made by separate strokes, and from these wounds the man must be in a very weak and languishing condition, and I found him so; for he was so weak, that I thought he would not have had strength to have undergone the fatigue of dressing them. The man had no further bad symptoms, as one would suppose he might have, from a nervous part being thus wounded, for he had no convulsions. I got him to bed as soon as we could, and then I left him.

Q. When did you visit him again?

Bailey. The next morning.

Q. Did you dress the wounds the next morning ?

Bailey . Yes, all of them, and I found him stronger than he was the night before. It was concluded by the officers of the parish to send him to the Hospital, but I had a message on the Saturday, that the man was not capable of being removed, and I was desired to go to dress him. I went on the Saturday, and when I came to him he was in a violent agony; he was in such agonies, that I was forced to get three or four people to hold him down, and I dressed him as well as I could, considering the agonies he was under I carried a cordial, what we call a Nervous Cordial, to give him a little comfort in his nerves, but he was hardly capable to receive the cordial, he was so weak. I left word with Mr. Newsham, the man who keeps the house, that if he was alive on Sunday, to send me word, for I very much doubted whether he would live or not, but he did live till Sunday evening; and the people of the house thinking they might be blamed sent for me; and when I came there, I found him dying , and it would have been of no use to dress his wounds.

Q. Did you see him die?

Bailey No. I was told he lived but a very little while after I went.

Q. Now please to give the Jury an account, which of those wounds was the occasion of his death.

Bailey . The mortal wound I take to be on the forehea d, where the brains were laid open. All wounds, from pain, occasion a fluxion, and from thence arises an inflammation, which sometimes

is carried off by a digestion, or matter running; but the brain was inflamed , and I believe a mortification ensued, for on his arm there appeared a tendency to a mortification.

Q. Were there other wounds that would have been mortal?

Bailey. I do not think the wounds on his arm would have been mortal, if it had not been for the weakness of body.

Q. So you are of opinion, upon the whole, that some or other of these wounds were the occasion of his death?

Bailey. Yes, Sir, for in all other respects, except these wounds, he appeared to be in good bodily health.

Jury . Had the deceased one arm or two ?

Bailey. He had but one arm.

Q. to the Prisoner. Have you any questions to ask this witness?

Pris. I went to him the next morning , and gave him a guinea, and desired he would take all the care of him he could.

Bailey. My Lord, I did take the guinea, because I thought it would be an ease to the parish.

The Prisoner's defence.

John Parkes . I was coming from Barnet towards London.

Q. You are not the soldier who was his comrade ?

Parkes. No, I am a picture maker and cleaner; and when I came to the woman's house who keeps the Royal Waggon, I saw some sailors, who said they were going with a brief; there was a man among them with a stump arm, and there was a quarrel between them and a soldier. I saw a sword drawn, and I heard the man with the stump arm say, if I cannot do for you, I will bring three more that will , belonging to me. They were all dressed like sailors, and the soldier had a knot upon his shoulder like a corporal.

Q. Did you see the man with the stump arm do any thing?

Parkes. I saw something like a stone in his hand.

Q. Did you see any thing done?

Parkes. I did not see any thing but what I have told your Lordship , for I was frightened at them; and the soldier said, if you come upon me I will draw my sword upon you; and when the three sailors came up, he drew his sword.

Jury. Had the sailors got any sticks in their hands ?

Parkes. I did not see any.

Q. What day was this?

Parkes. I think it was about three weeks ago, but I am not certain.

Ann Adams . As I was coming from Barnet with Parkes , who was going to my aunt's with some pictures;

Q. When was this ?

Adams. I cannot say whether it was three weeks or a month ago. I was coming along.

Q. Where was you coming?

Adams . Half a mile on the other side of Highgate and I saw a man with one arm, and he had something in his hand; and I saw a soldier there , and the man with one arm followed the soldier first , and the other three followed him; there were words between them, but I could not hear them, and I saw the soldier draw his sword.

Q. Did you see the man with one arm do any thing?

Adams. I saw the man with one arm throw at him, but whether he hit him or not I cannot tell.

Q. Are you sure of that?

Adams. Yes.

Q. Look at the Prisoner, is that the man that drew his sword?

Adams. Yes, and he made a full stop, and turned round twice.

Q. When was this?

Adams. About five minutes after the man with one arm threw at him.

Q. Was it after the one armed man threw at him that he drew his sword?

Adams. Yes, it was.

Q. Are you sure he threw at him?

Adams. Yes; he threw at him, but the soldier had the heels of him.

Q. How far was the soldier off him?

Adams. The soldier might be as far before him as it is to Fleet Lane.

Q. What, when the sailor threw at him?

Adams. Yes.

Q. What arm did he throw with?

Adams . I cannot punctually say which, but I think it was his right arm.

Q. You say it was his right arm?

Adams . I cannot be positive which arm it was.

Q. Do you think, if he had thrown with his left arm he might have hit him at the distance he was from him?

Adams . Yes; he was not so far distant but what I think he might have done it?

Hodgkins . Nothing at all. I was sent to deliver his watch, shoe-buckles, and knee-buckles to the Prisoner. That is all I know.

[ The watch, shoe-buckles , and knee-buckles, were delivered to the Prisoner in Court the day before his trial.]

Prisoner. Our regiment lies in Flanders, I was sent there for recruits and young horses. As I was going along Finchley-Common , I met a countrywoman of mine, and as the woman and I were walking upon the green swerd, four sailors came behind me and abused me very much, and they beat all my fingers with their sticks; says she, you could cut them all in inches, and they said they would lick me; I said it is not in your power. The deceased struck me first. I did not know whether they were footpads, or what they were, and there was a great oak stick left there that they beat me with. I have been in the army several years, and have been at three battles and one fiege, and always behaved with courage. [ The Court told him, it was not a sign of courage, but cowardice, to use a naked man who had but one arm with so much barbarity.]

Jury . Where is the woman you walked along with?

Pris. I do not know.

Richard Newsham (the master of the house at Brown's Well) called by the Prisoner.

Q. Did you see any blows given to the deceased ?

Newsham. I saw no blows given to the deceased ?

Q. Nor no blows given to the Prisoner?

Newsham . None but what were given him by his comrade: He struck him over the head with an oaken stick, and I think, to the best of my knowledge, he struck him twice on the neck towards the shoulders; and he said, you rascal, you have done murder I am afraid, and therefore, says he, do what you will with him, for I will be no more concerned with him.

Q. When was this?

Newsham . On the 11th instant, pretty near five o'clock.

Pris . Was not there a stick there?

Newsham . I will speak of that afterwards. Then his comrade took his sword from him and threw it into the yard, and afterwards he gave him a back handed tip, and tripped up his heels, and laid him in the road, and did all he could to keep them apart, that no quarrel should ensue upon it; afterwards the Prisoner got up again, and went a little way, and one of the sailors said, Now, you dog, as you have not your sword with you, I will have a stroke at you, and the sailor struck him, and knocked him down; he was down upon his backside, but I do not know whether his head was upon the ground or not; he went to take his sword up again, and I took it from him, and prevented him from doing any further damage; what, said I, do you want to do more mischief? That is all I know.

Capt. John Geary . The Prisoner has been a dragoon in General Cope 's regiment (which I belong to) seven or eight years, and I always had a good character of him.

Q. Was he a peaceable quiet man?

Geary . When he was in the troop that I am in he behaved very well; he was sent over from Flanders to get recruits and horses.

[One of the Jurymen asked what became of the sailors, and it was said by one in the Court, that they were gone on board their ships.]

The Jury found him guilty of the murder, and guilty on the Coroner's Inquisition.

154. + Henry Cooley , of St. Giles's in the Fields , was indicted for the murder of James Poole , by giving him, with both his hands, several mortal bruises on the head, breast, stomach and sides , Jan. 22 .

Somerfield Wright. The deceased came the twenty-second day of January to drink a parting pot with me and the Prisoner, for he was going the next morning to his ship, and we had three quarts of beer between five of us; the Prisoner and the deceased fell into a discourse about the fighting men that fought at Broughton's Booth , and the deceased said he believed he could fight ever a one of them for a guinea; and moreover, he said he would fight the Prisoner at the bar for a guinea; the Prisoner at the bar said done, and pulled off his clothes; the deceased rose up, and took out two half crowns , and put them into my hand; the Prisoner had no money, but he pulled a ring off his finger, to bind the wager of a guinea, and they were to fight the next morning; then I stopped between them, and said let us have no more of it; then I went to give the deceased his two half crowns again, but before I could do it, he gave the Prisoner a little sort of a push; with

that the Prisoner gave him a slap on the face, and they went to fighting directly.

Q. Were there many blows exchanged?

Wright. There were not many blows exchanged, for they did not fight above two minutes; there might be about a dozen blows exchanged between them: The deceased had two falls, and after the second fall the deceased gave out, and said he would fight no more; with that the Prisoner insisted upon his ring again; I told him I had none of it: I looked about the house for the ring, and while I was looking for it the deceased went out of the room; presently a woman came into the room and brought word, that the deceased lay dead in the entry.

Q. Did the deceased make any complaint before he went out of the room, of any blow that affected him?

Wright. No.

Q. Had he any marks of violence upon him?

Wright. None at all.

Q. How long had he been out of the room before the woman came?

Wright. About six or seven minutes . I went out to see for him, and the deceased lay upon his back in the entry at full length; then we brought him into the room and laid him upon the bed, and I went for a surgeon to bleed him.

Q. Did he bleed him?

Wright. Yes, the surgeon pricked him in both arms, but he would not bleed at all.

Q. When you first saw him upon the floor, did you think him to be actually dead?

Wright. I cannot say he was actually dead when we brought him into the room, because there was some movement in him.

Q. Did you take off his clothes, to see whether there were any marks of violence, or any wounds on his body?

Wright . I did not take his clothes off at all, for his coat and waistcoat were off before, and I did not take off his shirt.

Q. Did you examine his face and head, to see if there were any marks of violence?

Wright. Not that night; the next day I saw he had a blow under his left ear, and there was a little bruise.

Q. Is it your opinion, that the deceased came by his death by that blow?

Wright. No, I cannot think that at all; I cannot think that was the occasion of his death in any shape. I did not see any other blow.

Q. Do you think he had been out any where, between the time of his going out of the room and your seeing him in the passage ?

Wright. No, unless he went into the yard; for the knees of his breeches were dirty, and one side of his face was dirty.

Q. Do you imagine he had any fall any where?

Wright. He must have had a fall by the dirt.

Q. Was it possible, that the bruise which you saw under his left ear might proceed from the fall?

Wright. Upon my word I cannot say.

Q. Did it look like street dirt?

Wright. Yes.

Prisoner. Did not I help to lift the deceased in upon the bed?

Wright. Yes, you did, and I went for a doctor to bleed him, and he bled as free as could be, about a spoonful out of each arm.

Q. You said just now, he would not bleed at all.

Wright. He bled a little drop.

Pris. Coun . Were they not old ship-mates?

Wright. They were old acquaintance.

Susanna Wright . Henry Cooley came to take his leave of the deceased, James Poole , who was my husband's cousin, for the Prisoner was to go the next day on board a ship, and he said we will have a pot of beer together; we had three pots in all: The deceased said to the Prisoner, he had lost a pot of beer about two Men's fighting, and the deceased said afterwards, I think I can fight as well as ever I could, and the Prisoner was for going; the deceased said to the Prisoner, do not go yet, Harry, you may as well be hanged for a sheep as a lamb, it is but a flogging bout, but the Prisoner said he would go: Said Jemmy Poole, I wish you and I had a touch at fighting before you go; then said Henry Cooley , Jemmy, what makes you give me a challenge to fight? but since you have given the first challenge, if you have a mind to fight, I will fight you; with that the deceased took two half crowns out of his pocket , to lay the wager of a guinea to fight the next day, as they thought (but they fought directly;) says Henry Colley , I have no money, but I will give you my ring to bind the bargain, it is worth a guinea, and he took it off his finger and put it upon the two half crowns into my husband's hand; said my husband, I would not have you fight , take your ring again; with that James Poole came up to Henry Cooley , and Cooley pulled off his clothes; then the deceased said to the Prisoner, foolish boy, put on your clothes, and I will fight you to morrow . I am able to whip your a - e at any time, for I have licked you many a time when you was a boy, and gave the Prisoner

a little push; with that the Prisoner being aggravated, he hit the deceased a slap o n the face, and they fell to fighting directly; they had very few blows between them , for the man that is dead had been a sick man a good while, and was in the Hospital, for he had a ball in his thigh, and was discharged from his ship .

Q. How many blows passed between them?

Wright . I cannot tell, there might be a dozen between them, and there were two falls , the deceased was thrown , and I believe the last fall hurt him; then they left off fighting, and Henry Cooley said, will you fight any more? and the deceased said, no; then said the Prisoner I have done, and the deceased got up and went out of the room, whether he went into the yard or into the street I cannot say; then Polly Fowler came into the room and said, Jemmy Poole is dead in the entry: this was about five or six minutes after he went out of the room; then the Prisoner went out of the room, and said, oh Lord God! is he dead that I loved so dearly, and clapped his two hands together, and cried like a child whipped with a rod: then we got him into the room, and laid him upon the bed; and I went for a surgeon, but could not get any; so I got a barber, and he bled him, and he bled about a spoonful; I think I can swear to that, and not hurt myself.

Q. Did you examine the body at that time?

Wright. No, not till the next day, and then I perceived a little bruise under his ear, one side of his face was all muddy , and his back was dirty and the knees of his breeches; there was no dirt upon him when he went out of the room, and I cannot tell how he came by the dirt; he must either have got it in the street or in the yard, and I suppose by a fall.

Q. Do you know what he went out for?

Wright . His shirt hung out of his breeches, whether he went out to make water , I cannot tell, for it is impossible for me to know that.

Q. Were there any marks of violence or bruises upon him?

Wright . Yes, there was a bruise under his left ear, a very little one, but not likely at all to be his death's wound.

Q. Did you see any wound or bruise about him that might be the occasion of his death?

Wright . No, but he was an aiding man a long time, and the falls might hurt him.

Q. Could he have got that bruise by a fall, you suppose he got the dirt by a fall ?

Wright . I do not know whether he could or not; there was a surgeon came, and he bid us take a looking-glass and put to his mouth, but there was no breath in him.

Q. Was there a good harmony between the deceased and the Prisoner ?

Wright. Yes, there always was, they were as loving as two brothers, they went to school together .

Q. Was there any quarrel between them before this you are speaking of?

Wright. No, I believe there was no thoughts of malice between them.

Edward Holder [a young lad about fourteen.] I was there that evening with the Prisoner and the deceased, and James Poole said I believe I can fight as well as ever, and I believe I can fight any man upon the stage; and he said to the Prisoner at the bar I think I can fight you, so they disputed, and the young man that is dead put a crown into Mr. Wright's hand, and the Prisoner pulled a ring off his finger to answer it; one said he would fight the other, and then the deceased gave the Prisoner a shove, and they pulled off their clothes and fell to fighting; the Prisoner gave the other a fall, and he that died sat down upon his a - e, and the Prisoner asked him whether he would fight any more, and he said he would not; a lit tle after that Polly Fowler came in with a pot of beer, and said, Lord, Mrs. Wright, Jemmy Poole is dead; and the Prisoner said, is he indeed? and the Prisoner said, what a misfortunate young man I was to come here; and then the Prisoner and Mr. Wright helped to lift him into the room, and I did as much as I could, and we laid him upon the bed; then a surgeon was sent for, and he bled him in both arms.

Q. Did you perceive any bruises?

Holder. Yes, I perceived a bruise under his left ear , and when we brought him in he had dirt upon his back, dirt upon both his knees, and dirt upon his left cheek.

Q. Where do you think he could get this dirt?

Holder . He must get the dirt either in the yard or in the street.

Q. Do you think he could get all this dirt without falling?

Holder . No, he must have a fall to be sure.

Q. And you saw no wound or bruise but under his left ear?

Holder . No.

Q. Did he complain of any particular hurt after he had done fighting?

Holder . No.

Joseph James (a surgeon called by the Prisoner.) I examined the body when the Coroner's Inquest sat upon it; when they viewed the body they perceived

a bruise under the left ear, which they thought was the occasion of his death.

Q. Did you take that bruise under his ear to be the occasion of his death?

James. I take that under his ear to be a settling of extravasated blood, as there was in his back and sides, but I do not take that to be a bruise, neither could it be the occasion of his death.

Q. Did you scalp him?

James. Yes.

Q. And was there any dangerous wound on his skull ?

James. There was no hurt done to the skull that could occasion his death.

Q. Did you find any wounds on any part of his body ?

James. There was a mark on his breast, but that was an old wound.

Q. So you did not find any wound or bruise that could occasion his death?

James. No, not in the least.

Q. How do you think he came by his death?

James. He was out of the room five or six minutes, and it is possible that a person being drunk, or through passion, or in a fit, may drop down dead, for I am sure that his death was not from any blow; I have known persons to have fallen down stairs, and have died in a fit .

Q. What do you take it to be?

James . I take it to be a fit of the apoplexy .

Q. Do you take those places where there was extravasated blood to be a sign of an apoplexy?

James . Yes, Sir, I believe it was from a stoppage in the small vessels, and that was the occasion of his death.

155. Mary Exelby , of St. Andrew's, Holborn , was indicted for stealing a linen gown, a camblet gown, a callimanco petticoat, six caps, a pair of stays, an apron, and a handkerchief , the property of Thomas Broster , Feb. 2 .

Thomas Broster . My chamber door was broke open, and the staple drawn, but the door was fastened again, and the key put under the door. When we got in, my wife opened the drawer, and every thing was taken out.

Q. Did you find any of your things again?

Broster . Yes, the camblet gown and petticoat , and my wife's stays; she had pawned the linen gown and a pair of stays. I found out the Prisoner, and had her taken up, and she owned she took the things out of the drawer.

Eliz. Broster . All my apparel were taken out of my drawers. When the Prisoner was taken , she had my gown upon her back, and she owned she took the things out of the drawers.

Thomas Hutchins . The Prisoner brought a linen gown to me to pledge, which was owned by Mrs. Broster.

156. Joseph Black , otherwise Joe the Black , of St. George in Middlesex , was indicted for stealing a pair of shoes, value 5 s. a pair of pumps, value 5 s. and a hat, value 1 s. the property of William Mackettee , Feb. 13 .

William Mackettee . On Saturday was sevennight I happened to be out of town, and when I came home my wife was in a great disorder about these two pair of shoes; she said, this Joe the black had been at my shop, and asked her to shew him some shoes and pumps, and desired she would go along with him to his captain or lieutenant; so he led her up to the Gun at the Hermitage, and he said he would fetch his master; instead of that he came to my shop, and said to a little girl, who is here, that her mistress sent him for a pair of shoes and a pair of pumps, and she would not let him have them; but he put his hand over and took them out of the shew-glass, and about half an hour afterwards I found the goods upon him, and he was offering to sell them. These are my Goods. Not only that, but he came back again, and took a hat, pretending that he had left his hat. He owned before the Justice, that there were two more concerned and a woman. He was asked what he had to say, and he pretended he could not speak English, but he spoke very good English before the Justice. The gunner of the Wager man of war said he could speak English very well, and that he was a very great rogue.

Eliz. Shovell . The Prisoner lodged in my mother's house one year and three quarters, and when she went away she stole these things: When I missed them, I thought no body could take them but her; I found her out on the sixth of January, and then she owned she took them, and said she believed she should be either hanged or transported; she said she had pawned the red silk Gown at Mr. Crew's, in Hart-Street, and the cloak and stays at Mr. Johnson's , in Russel-Street, Covent-Garden,

160. + Thomas Lane *, of St. Peter's Cornhill , was indicted for stealing a silk handkerchief, value 3 s. the property of John Platt , privately from his person , February 13 .

* He was tried in April Sessions in the Mayoralty of William Benn , Esq; for stealing a parcel of hats from Mr. Hassenden of Cursitor's-street , Chancery-Lane, and acquitted, there being no evidence against him but John Brown an accomplice; and the said Brown was cast for transportation in last June Sessions, for picking a silk handkerchief out of the pocket of J. Mareton Pleydell , Esq; in the Strand.

John Platt . I lost a silk handkerchief on the thirteenth of February; Mr. Tredway, my opposite neighbour, told me that my pocket was picked, and I had lost my handkerchief. I asked which way the fellow went, and a butcher said run round and you will meet him, and under the gateway, which is under the East India Company's warehouses, the handkerchief was dropped.

Q. Where did you find the Prisoner?

Platt. In the new opening where the herb market was to be; he fell down on his knees, and said, if I would forgive him, he would never do so any more.

Thomas Tredway . Last Saturday was sev'night in the morning between eight and nine o'clock I was behind my counter pretty near the window, the street was remarkably thin of people, and I saw Mr. Platt cross the way; the Prisoner at the bar and another person followed him at a little distance, and before he came to his own door, within four or five steps, the Prisoner stepped up to him, and I saw him take the handkerchief out of his pocket; the Prisoner turned about very suddenly, and I believe he put the handkerchief into his breast .

Q. Did you see the Prisoner take the handkerchief out of his pocket?

Tredway . I did, I am positively sure of it; and I said with a little vehemence my man, that fellow in the blue coat has got Mr. Platt's handkerchief. The Prisoner ran into the beef-hall, and I ran to Mr. Platt's door, and said, Sir, you have lost your handkerchief, and he said so I have: we went under the gateway, and about half way under the gateway there his handkerchief lay. My man had given out the cry of pick-pocket, pick-pocket, and a butcher said if you go such a way you will meet him, and my servant got him secured, and delivered him to Mr. Platt and I, and then he fell down on his knees, and said he was a young man, and if Mr. Platt would forgive him he would never do so any more. He was in a blue coat, I cannot say it was that blue coat he has on.

Prisoner. They say I acknowledged the thing, and said if he would forgive me I would never do so any more; but I said I never was guilty of picking any body's pocket, but I desired him to forgive me.

John Brewer . I live in Wood-street ; I was in Mr. Tredway's shop when he went and told Mr. Platt that a man in a blue coat had picked his pocket: I saw the Prisoner in Mr. Platt's shop, and I saw Mr. Platt take the handkerchief up under the gateway.

Platt. There were two women came to me on Saturday last, and said, that this young fellow did belong to the Kouli Kan privateer; that he was a person of a good fortune, and desired that he might be impressed on board a man of war.

James Bailey . I was on the outside of Mr. Platt's counter packing up a parcel of goods, and I said to Mr. Tredway , that a person in a blue coat has picked Mr. Platt's pocket; I know the Prisoner is the person, I saw him take the handkerchief out of his pocket, I never lost sight of him, and I pursued him and took him, and delivered him to my Master and Mr. Platt.

161. John Bryan , of St. Catherine Cree Church , was indicted for stealing a scarlet cloth cloak, value 9 s. the property of Richard Felton , Feb. 9 .

Richard Felton . On the ninth of February, about six o'clock in the evening, I lost four cloaks; I heard my glass break, and a neighbour of mine came over to give me information, that a boy had been lurking about my shop ten minutes, and desired me to go after him, which I did, and I said to him, what have you taken out of my shop? I took the Prisoner to my door, and a little boy brought a cloak to me, said I, this is my cloak, and my number, (as I can prove by my number book) and he said, is this your cloak? I said yes. [Mr. Felton had the cloak in his hand.]

Q. Is there any dirt upon it?

Felton. Very little, my Lord. It was dropped at the woollen-draper's door, the corner of Aldgate; I suppose the other three cloaks were handed away. The Prisoner was carried before my Lord Mayor, and my Lord asked him what he was, and he said he was a draw boy.

Isaac Chipperfield . I am servant to Mr. Staines, a hatter and hosier, opposite to Mr. Felton's shop. On the ninth of February, about six in the evening, I saw the Prisoner lurking about for some time; a cart was coming by, and he took the opportunity to break the window.

Q. Did you hear the glass break ?

Chipperfield. Yes, I heard the glass fall.

Q. How long did you observe him there?

Chipperfield . About five minutes, and then I heard the glass fall upon the ground.

Q. Did you see any thing taken out?

Chipperfield . No, I did not; there was a cart coming by when he broke the window?

Q. How do you know he broke the window?

Chipperfield. Because I saw him run from the window as soon as the glass was broke.

Q. Did you see any thing under the Prisoner's arm?

Chipperfield. I saw him have something under his coat , and he held the flap up.

James Wansborough . As I was fitting behind my master's Counter (I am servant to Mr. Staines) I saw a boy at Mr. Felton's window.

Q. What boy?

Wansborough. That boy, the Prisoner.

Q. Do you know him?

Wansborough. Yes, I have seen him that way several times. I saw him walking backwards and forwards before Mr. Felton's window five or six minutes, and he took an opportunity of breaking the window.

Q. Did you see him break the window?

Wansborough. No, the cart hindered that. Said I, there is a boy taking something out of the window.

Q. Did you see any body take any thing out of the window?

Wansborough. No; but a boy came by, and said here is some of your goods.

162. + John Parkes , late of London , labourer , was indicted, for that he, on the fifth day of February, in the 21st year of his Majesty's reign, at London ; that is to say, at the parish of St. Mary Staining, in the ward of Aldersgate , in London aforesaid, feloniously did falsely make, forge and counterfeit, and did cause and procure to be falsely made, forged and counterfeited, a certain paper writing, with the name of Paul de Lamerie subscribed thereto, and directed to Mr. Foxall, refiner in Oat-Lane, purporting to be an order, under the hand of Paul de Lamerie , to John Foxall and Peter Floyer , copartners in trade, (the said Peter de Lamerie being a Person well known to the said John Foxall and Peter Floyer ) for the delivery of two hundred ounces of sterling (meaning sterling silver) and directed to the said John Foxall ; which said false, forged, and counterfeited paper writing is as follows, to wit :

To Mr. Foxhall and company.

'' Please to deliver to the bearer two hundred '' ounces of sterling. I promise to pay in '' fourteen days after date.

Feb. 5, 1747-8.

'' Paul de Lamery .''

To Mr. Foxhall, refiner in Oat-Lane .

He was also indicted for feloniously uttering and publishing the said false, forged and counterfeited order, knowing it to be false, forged, and counterfeited , with an intent to defraud the said Paul de Lamerie .

John Roumieu . I am apprentice to Mr. Foxall, who is partner with Mr. Floyer, but they do not live in the same house.

Q. Do you remember the Prisoner's coming to you at any time?

Roumieu . Yes. On the fifth of February, about two o'clock in the afternoon, the Prisoner came to my master's shop in Oat-Lane.

Q. What did he say to you?

Roumieu . He gave me a letter, which he said he brought from Mr. de Lamerie , in Gerrard-Street.

Q. Was there any such gentleman that used to trade with your master, and lived in that street?

Roumieu . Yes, and I had a suspicion of its being a counterfeit, upon account that neither Mr. Foxall's name nor Mr. de Lamerie's name were spelt right.

Q. Look upon that order, is that the order you received from the Prisoner?

Roumieu. Yes . I gave it to Mr. Foxall, and he ordered me to acquaint Mr. Floyer with it.

Q. Was that discovered to be a forgery, and not Mr. de Lamerie's hand?

Roumieu . Yes.

Q. Do you believe that to be his hand?

Roumieu . I do not; I know his hand, and I do not believe any part of it to be his writing.

Q. Did you go to Mr. Floyer?

Roumieu . I went to him, and he came immediately to our shop.

Q. What did the Prisoner say when Mr. Floyer came?

Roumieu . I was not present, but Mr. Floyer is here, who can inform you. I went to Mr. Scott's and some other refiners , who had been defrauded, to know if it was the same person. When I came back, Mr. Floyer had stopped the Prisoner; the Prisoner said he had the letter from Mr. Giles, Mr. de Lamerie's Clerk, and that he had known him several years; and afterwards he said it was given him by Mr. Giles, or somebody very much like him; the Prisoner was carried before my Lord Mayor, and committed.

The order was read at the request of the council .

Q. Can you take upon you to say, that this order was delivered to you by the Prisoner?

Roumieu . I saw my master open it, and I can take upon me to say that it is the same.

Q. Did the Prisoner tell you whether he knew the purport of the contents?

Roumieu . He told me it was to deliver two hundred ounces of sterling for Mr. de Lamerie.

Q. Does Mr. de Lamerie write his name with an a or an e ?

Roumieu . He writes it de Lamerie ; it is wrong spelt in the order, and Mr. Foxall's name is wrong spelt; there is an h more than is needful.

Peter Floyer sworn .

Q. Did Mr. de Lamerie use to deal with you?

Floyer. Yes, many years. Our servant came to me, and said there was a man wanted me; I went to Mr. Foxall's, and seeing nobody in the passage I went to look for him, and I saw a man peeping in at the door; I asked him what he wanted, and he said he came for two hundred ounces of sterling, and had a letter with an order for it; and he said Mr. Giles, Mr. de Lamerie's clerk, gave it to him, at the Faulcon in Holborn; he hesitated a little, and told me the contents of the letter exactly. I was willing to keep him a little, and I told him our silver would be ready in about ten minutes; he said he would step into Wood-Street and come again; I took him by the collar and said, I believe I have somebody that wants to speak with you; then Mr. Foxall came up. The Prisoner said he had known Mr. Giles a great many years, that he had a weakness in his eyes, and was willing to get a little money as he could, and so came on this errand.

Q. How does Mr. de Lamerie spell his name ?

Floyer. In the forged Letter it is ry at the end of the name which should be rie.

Mr. Floyer delivered into Court the letter and order that the Prisoner brought him .

Q. Did he acknowledge the bringing the letter or note?

Floyer. He acknowledged the bringing the letter, and an order, for the delivery of the two hundred ounces of silver enclosed.

Q. Do you take this to be Mr. de Lamerie's hand?

Floyer. Neither the letter nor the order are like Mr. de Lamerie's hand, and Mr. Foxall's name is not spelt right. Afterwards he began to vary in his story, and said, that as he had a weakness in his eyes, he could not tell whether it was Mr. Giles that gave it him or not, but if it was not Mr. Giles, it was somebody like him. I said I would go with him to the Faulcon in Holborn; and when he came to a house, which he said was the sign of the Faulcon , the house was shut up, and seemed to have been so for a considerable time, for the sign was very blind, and he seemed to have as good eyes as I have, for he saw the sign sooner than I did.

Q. to the Prisoner. What questions would you ask Mr. Floyer with respect to this transaction?

Prisoner. He has given an account of every transaction, and he says right.

Q. What questions would you ask him?

Pris. Nothing else.

Q. Was the Prisoner never out of your sight, from the time of his coming out of your compting-house to the time of your carrying him before my Lord Mayor?

Floyer . No.

Isaac Giles . I am book-keeper to Mr. de Lamerie , and have been twenty years.

Q. Did you ever give any order to that man, to go to Mr. Foxall's for silver?

Giles. Never, nor never saw him till he came to offer his service to Mr. de Lamerie, but his character was not approved of. I never spoke to him in my life that I know of, but I am sure I have not spoke to him for seven years.

Prisoner. I was a little out of business at that time , and there was a gentleman like sort of a man very much like Mr. Giles, with a white coat and brass buttons, gave me this letter at the door of the Crown alehouse.

Q. Where is this man with the white coat and brass buttons?

Prisoner . I cannot tell, I wish I knew where he was.

Q. What have you farther to say?

Parkes. I have no witness, for I did not know what time my trial would come on, and being in this cursed place Newgate, I had not money to send for my friends.

The Jury acquitted him of the Forgery , and found him guilty of publishing the order, knowing it to be forged.

163. + John Woolley , otherwise Zachery Woolley , was indicted for the murder of Sarah Hardy , by driving and drawing his cart, by which the near wheel of the said cart threw the said Sarah on the ground, and run over the head of the said Sarah, by which she was mortally bruised, and of those bruises died , January 19 .

Charles Haynes . On the 19th of January last about eight at night, I was going from my master's house (Mr. Sheppard's an apothecary in Woodstreet ) and saw a cart standing at Mr. Brook's door, and I heard the Prisoner say, have you any thing for the cart to night? he was the carter, and carries goods for Mr. Brooks: Mr. Brooks's man said they had nothing for him to night, but they had some hogsheads for him in the morning; whether the Prisoner's cart killed the deceased , I cannot tell: as I was going to Mr. Glyde's a gold and silver lace shop, I heard a violent groaning.

Q. How long was this afterwards?

Haynes. Not above half a minute; then I saw the carman going away, he crossed the way and went off, and then I heard the groans after I had delivered my medicines; I crossed the way and rung at the bell, and I heard a groan on the other side of the way; and when I came cross the way Mr. Ball a surgeon, and another person, had lifted a woman up; Mr. Ball said, my dear, have you hurt yourself? she made no answer, but groaned very violently, and before we got her into the Horse Shoe Alehouse she bled at the eyes and nose, and all the parts of the head, and expired in about ten minutes.

Q. What have you to charge the Prisoner with upon this?

Haynes. I have nothing.

Q. Was the Prisoner present at that time?

Haynes. He was with his cart at Mr. Brooks's door when the deceased was killed, and I saw no other cart there but his.

Q. You did not see her killed?

Haynes. No, I did not.

Q. Do you know how she came by the hurt?

Haynes. The surgeon said her head was jammed between a post and the wheel.

Q. Can you give an account whether the deceased was hurt by this cart, or by any other?

Haynes. I cannot tell.

Q. Was the Prisoner present when the deceased was said to be jammed between the wheel and the post?

Haynes . No, my Lord, for they generally go pretty fast when they are empty.

Q. Was there any man taken notice of that night about it?

Haynes . No, for there was nobody knew that any person was hurt that night.

Q. Are you sure you saw the Prisoner there at that time?

Haynes . Yes.

Q. Did you see the Prisoner there when you crossed the way?

Haynes. No, he was gone out of sight at the time I saw the deceased.

William Ewin . On the 19th of January the Prisoner called at Mr. Brooks's as usual for his loading; I told him there was no work for him that night, but he was to fetch five hogsheads out of Fell-street in the morning.

Q. Do you know the Prisoner?

Ewin. Yes, I have known him three or four years.

Q. What have you to charge him with with respect to the murder?

Ewin. I know nothing of the murder.

Q. What time did he call at Mr. Brooks's?

Ewin. I think it was a little before eight .

Q. Was it dark or light then?

Ewin. I think it was dark: I understood the next morning that the Prisoner had killed a woman; I said I was sorry for it, for I believe I was the last person that spoke to him.

Q. Who was you told so by?

Ewin. My fellow servant, who took the hogshead in the next morning, and as I understood in the neighbourhood there was nobody knew that there was any person killed that night.

Richard Hinman . I am servant to Mr. Brooks; I know nothing of the murder; I know I received hogsheads from the Prisoner the next morning.

Q. Are you the person that told Ewin there was a woman murdered?

Hinman. I heard it, I do not know it myself.

Acquitted .

The Court reprimanded the Prisoner, and said it was plain that the King had lost a subject by him or somebody; and cautioned the Prisoner, and all other carmen, to be careful in driving their carts, and not to stay drinking in an alehouse while their horses are going forward, but to keep at the head of the thill horse: And charged the Prisoner and every one to take notice, that they have not the liberty of obstructing the passage of the King's subjects in the streets; and that there are proper places where they are to drive, and in which they are obliged to keep.

164. + William Collins , of Uxbridge , in the parish of Hillingdon , was indicted for stealing sixty tod of wool, each weighing twenty-nine pound weight, value 30l. the goods of Thomas Goring , in his warehouse , Dec. 22

Thomas Goring . I have lost a large quantity of wool out of my loft: This Collins, Everett, and Miller, were concerned in taking it; one is turned evidence, and the other is since dead.

Q. What made you suspect the Prisoner?

Goring. Because he worked with me, and was concerned in laying up the wool. I cried a reward of five guineas to any one that would impeach his accomplices, three times in Uxbridge on a market day, and I heard nothing till the Monday following, and then one John Lovel told me he could inform me about the wool; and he said three persons had been with him to hire a cart under pretence of carrying flowers, and when they came home they were very full of money; he thought it was a brave trade, and there was some wool scattered among the straw. I got a warrant upon the information of Lovel, and took up Everett , and the Justice admitted him an evidence against Collins and Miller: Miller is dead .

James Everett . In the first place James Miller came to me, and told me he could help me to 30 s. if I could keep a secret: about a quarter of a year afterwards I was got with Miller and Collins, and being a little in liquor they got me into this man's loft : we were all three in liquor .

Q. Whose loft?

Everett. Mr. Goring's.

Q. How did you get in?

Everett. The lock was taken off, but I do not know how it was done; the lock was not broke I believe.

Q. Who took off the lock?

Everett. Collins did.

Q. What did you do when you were in the loft?

Everett. We filled six sacks full of wool, and carried them to my own apartment.

Q. What did you do then?

Everett . We hired a cart and two horses of John Lovel , and carried it to Kingston in that

Everett. I believe there might be six or seven and twenty shillings a piece.

Q. What did you do more?

Everett. About a fortnight after that we went and got seven more sacks full, and carried them in the same cart to the same house, and sold them for fourteen shillings a tod, and about a fortnight afterwards we had the same quantity again.

Q. What, seven sacks?

Everett . I do not know whether there were five or seven sacks, and we sold them for fourteen shillings a tod to the same person.

Q. And the money was divided between you, the Prisoner, and Miller?

Everett. Yes. We went once more, and had five sacks, and sold them to the same Person. That is all I know.

Goring. My Lord, I desire the accomplice may be asked, whether he did not hear Collins say, that he took more wool, and carried it to Brentford, and sold it?

Everett . Yes, I heard him say he had been once at Brentford with wool.

Q. Was that part of the wool he took out of the lost?

Everett. I do not know any thing of that.

Q. to Goring. What sort of a lost is this?

Goring. It is a strong lost, and boarded on the sides, and I keep it generally locked with a padlock. I constantly kept it locked.

Q. What use do you make of that lost?

Goring . It is to keep wool in, and no other use.

Q. Do you call it a warehouse or a lost?

Goring. We generally call them losts.

Charles Bacon . I did buy four parcels of wool that is certain, and this man, Everett, took the money.

Q. Did you ever see the Prisoner at the bar with those persons who offered you the four parcels of wool?

Bacon. An please you, my Lord, I will tell you the right of it: They came to Kingston with wool, and enquired after a chap, and somebody told them Mr. Bacon would buy it; they came to me, and they said they were going to load back either with onions or potatoes; they asked 15 s. a tod, and I gave them 14 s. for I had bought some of other people at 14s. 3d.

Q. Was the Prisoner there at any time?

Bacon. He was not there the first time I am sure, I believe he was there the second time, and one time Everett said he had a crown for bringing it.

John Harvest . I know very little of the Prisoner; but one morning Miller came to my house at Brentford , and said he had got some wool to sell; said I, where do you come from? he said , from Hillingdon ; said I, why did you not go to Uxbridge , and not come eight miles to Brentford ? he said he could not get so much for it there: He asked 15 s. a tod, and I gave him 14 s. it was a top price, and I bought as much as came to 3 l. 14 s.

Henry Carr . I live at Uxbridge . The Prisoner came to me, and asked me if I could carry six sacks of old rags to Brentford . I said I could and I carried six sacks of what he said were old rags.

Q. Did you know what was in the sacks?

Carr. No. I laid them down on a wharf at Brentford , and they told me they would pay me when they came home again, and had received the money for the rags , but they did not do it.

Q. Who were there?

Carr. Collins and Miller.

John Dause . An please you, my Lord, the Prisoner at the bar lay at my house, at Hillingdon End , one Sunday night, about a month after Michaelmas, and brought some sacks through the house, and told me they were old rags. That is all I know.

John Lovell . James Everett came to me to hire a cart and a couple of horses to go to Richmond (as he told me); I never saw any thing in the cart, for they used to come at ten or eleven o'clock at night, and take the cart away when I was in bed, and he paid me five shillings a journey.

Prisoner. Everett told me that the wool was delivered at his sister's door, and he said he would bear my charges if I would go with him, and he took the wool out of his sister's house, carried it to Kingston , and sold it to Mr. Bacon .

The Jury (as the place the wool was stole from was not proved to be a warehouse, but a lost) acquitted him of stealing it in the warehouse, and found him guilty of the felony .

165. Elizabeth Daniel , of St. Catherine Coleman , London, was indicted for stealing half a pound of gum paste, made in the imitation of cockle shells, and half a pound of Naples biscuits, value 4 d. the property of John Ballard , Jan. 23 .

John Ballard . I am a confectioner . I was in my shop about nine o'clock at night, and heard glass break, which alarmed me, and my young man told me somebody had stole a glass; I pursued the Prisoner , and took her about forty yards from my door, and brought her back. She had taken two covers, and broke them both at my door.

Jury. Can you swear to the glasses?

Ballard. One of them I positively can; there was another that she had concealed, and she broke that at Sir William Smith 's door.

Q. What, did she break them on purpose?

Ballard. Yes.

John Seaman . I am apprentice to Mr. Ballard. The Prisoner took two glass covers; she was brought back, and she dashed them both against a stone step; one of the glasses had a particular mark, which I can swear to. There was in them half a pound of gum paste, and half a pound of Naples biscuit.

George Sebley . I saw the Prisoner put her hand over the gate and take down some glasses, and as soon as she had taken them down she let them fall on the ground; I went after her forty yards, and took her. I am positive this is the woman .

It appeared that the Prisoner had broke open several shops in Clare-Market Market-House, but being discovered by the watch he threw down his basket of meat and run for it, and he was pursued and taken.

Guilty .

He was also indicted for stealing an iron cleaver, value 12 d. and twelve pounds weight of beef, value 2 s. the property of Edward Parker , but he was not tried on this indictment.

169. Mary Hill , was indicted for stealing seven shirts, two table cloths, a Holland waistcoat, a pair of sheets, a pair of breeches, a pair of shoes, a pewter dish, a pewter plate, a box iron, two handkerchiefs, a saucepan, and a tea-spoon , the property of Joseph Dayley , Feb. 15 .

172. John Gearing , of St. Dunstan's Stepney , otherwise Stebbon Heath (together with John Fagan not taken) was indicted for stealing two hundred pound weight of sugar, value 30 s. the goods of persons unknown , Nov. 21 .

Henry Scott (a waterman.) The Prisoner belongs to the Duke of Cumberland ; I was in my boat, and he desired me to take a cask in, and Fagan and I went a-shore with it, and as soon as we got a-shore he went away and left it with me.

Prisoner. Did not I call you back when you was got half way over?

Scott. You called me back after I was got quite to the shore.

Nicholas White . I was before Justice Perry when the Prisoner acknowledged he ordered these sweepings to be put into a cart, and said he thought there was no harm in it: he kept out of the way a month or five weeks before I could apprehend him.

Prisoner. Pray who was by when I said this?

White. It was before the Justice and his clerk , and the waterman was there.

Prisoner. Did not you say you would transport me if it cost you 150 l?

White. There is nothing in it

Court. Did you or did you not say so?

White. I did not.

Q. (to Scott.) Did you ever hear Mr. White say that if it cost him 150 l. he would transport the Prisoner?

Scott. I cannot say I heard that; he said he would have him, or he would transport me, and he went to my father and threatened him.

White. I have been puzzled a good while to get Scott to come to be an evidence, and have been his security for his coming to give evidence, because I would not have this mate escape; so I went for him, and went to his father's, and said I do not know how the Court may take this, it may be taken as if he was an accomplice, and it may be a great damage to him, and desired he might come; and I said if he did not appear against the Prisoner I would transport him.

Q. What are you Mr. White?

White. I am employed for the merchants .

Jeremiah Holmes . The Captain of the Duke of Cumberland was bad, and not capable of doing his duty, and I went on board to get it dispatched, and I went to one Claghorn that keeps an alehouse for the sugar; and he said I should not have the sugar; I told him I would have it, and I went to the ship for an officer, and sent it on board the ship again: the waterman confessed he carried it on shore by the Prisoner's order. The sugar was carried to the Custom-house, and I petitioned for it, but before I petitioned it was condemned and sold.

Prisoner. I carried this ship out, and I brought her home, if I had a mind to have been a rogue to my King and country, I might have got more than by taking a little dirt. I hope, my Lord , and the Court, and the Gentlemen of the Jury, will take this into consideration; and that as I have belonged to the sea a great many years, I hope they will not believe that I would be a thief for a parcel of dirt and sweepings: he that swears against me wanted to get a friend of his in, in my room.

Holmes . They are a parcel of sweepings to be sure.

James Long . I have known the Prisoner ever since the 19th of October; I was put into the ship as an officer, and he did justice, and took care for the King and his masters.

William Parry . I have known the Prisoner about the same time as the former witness as an officer on board the Duke of Cumberland, and I never saw any thing but what was fair and honest, both as to the King and the merchants.

Q. Did you see a cask carried out of the ship?

Parry. I saw a cask carried over the water.

Q. (to Long.) Did you see this cask carried over the water by Scot?

Long. No.

Alexander Trinder . I have known the Prisoner about five weeks, and never saw any thing but what was just.

Q. Did you see any cask carried off by Henry Scott ?

Trinder. I never did.

William Johnson . I have known the Prisoner from October last, and never knew any thing of him but what was just and honest.

Q. Do you know any thing of a cask being carried off by Henry Scott ?

Johnson . No.

Another Custom-house officer said he had known him four months on board the ship, and that the Prisoner always behaved like a gentleman as far as he could see; that he was on board at the time that it was said there was a cask of sweepings carried away, but knows nothing of it; and that the Prisoner had a good character; he said there was a cask of sweeping left on board by the surveyor of the customs at clearing, but knows nothing that it was carried away.

Thomas Craig . I never knew the Prisoner act any thing unjust.

Q. Do you know any thing of a cask being carried out of the ship by Henry Scott ?

Craig . No.

William Carroll . I worked on board the ship from the first to the last, till I worked her out; the Prisoner behaved very honestly, and never had the value of three half pence out of the ship all the time I was clearing her.

Q. How long was that?

Carroll. I believe it was between four and five weeks, but I am not sure, for working men do not mind that.

Prisoner. I never sent any sweepings out of the ship, but left a cask of sweepings in the ship when I quitted her, and came a shore.

173. + Samuel Parker , of St. Dunstan's in the West , was indicted for stealing a silver pint mug, value 3 l. 10 s. the property of Samuel Dunkley , in his dwelling-house , Feb. 24 .

Samuel Dunkley . I live at the Gentleman and Porter in Fleetstreet ; the Prisoner came into my house on the 24th of February between eight and nine at night, and called for a pint of beer; I ordered one of my boys to draw him a pint; he sat for some time, drank his beer, and came by me, and went out; I enquired of the boy whether he had paid for it; he said he had not; I followed him down an alley, and found my mug in his bosom, and took it from him; if the beer had been paid for very likely the mug might have been carried off. I have had my mug again, and I hope the Court will be as favourable to him as they can.

John Walker . I am a brazier; the Prisoner Marlow brought seven pound and a quarter of copper, and sixteen pound twelve ounces of brass, and offered to sell it me; I asked him how he came by these goods; he said he bought them coming along the street, and then he said he had them from Mr. Pengree's on Fish-street Hill , and that they were the sweepings of the shop. I went with Marlow to a publick-house over-against Mr. Pengree's, and sent for Ephraim Brown , and Marlow said to Brown, did not you give me some stuff out of the shop this morning ? I made answer and said, did you give him twenty-four pound weight of metal; he said he did not; said Marlow, you know where I had them, I had them out of the tub in the cellar.

The next day Mr. Pengree and I went before a Magistrate with the Prisoners, and they were both committed.

George Pengree . Brown was a porter in my house, and Marlow was employed occasionally.

Pris. Brown. I gave Marlow this to wash the first of February.

Pengree . Brown has lived with me three or four years, and no man in England has a better character for his honesty.

John Wood gave Brown a good character.

John Upton and Charles Marrow gave Marlow the character of a very honest man.